Skip to main content

Full text of "Documents relating to the colonial history of the state of New Jersey, [1631-1776]"

See other formats


This is a digital copy of a book that was preserved for generations on library shelves before it was carefully scanned by Google as part of a project 
to make the world's books discoverable online. 

It has survived long enough for the copyright to expire and the book to enter the public domain. A public domain book is one that was never subject 
to copyright or whose legal copyright term has expired. Whether a book is in the public domain may vary country to country. Public domain books 
are our gateways to the past, representing a wealth of history, culture and knowledge that's often difficult to discover. 

Marks, notations and other marginalia present in the original volume will appear in this file - a reminder of this book's long journey from the 
publisher to a library and finally to you. 

Usage guidelines 

Google is proud to partner with libraries to digitize public domain materials and make them widely accessible. Public domain books belong to the 
public and we are merely their custodians. Nevertheless, this work is expensive, so in order to keep providing this resource, we have taken steps to 
prevent abuse by commercial parties, including placing technical restrictions on automated querying. 

We also ask that you: 

+ Make non-commercial use of the files We designed Google Book Search for use by individuals, and we request that you use these files for 
personal, non-commercial purposes. 

+ Refrain fi'om automated querying Do not send automated queries of any sort to Google's system: If you are conducting research on machine 
translation, optical character recognition or other areas where access to a large amount of text is helpful, please contact us. We encourage the 
use of public domain materials for these purposes and may be able to help. 

+ Maintain attribution The Google "watermark" you see on each file is essential for informing people about this project and helping them find 
additional materials through Google Book Search. Please do not remove it. 

+ Keep it legal Whatever your use, remember that you are responsible for ensuring that what you are doing is legal. Do not assume that just 
because we believe a book is in the public domain for users in the United States, that the work is also in the public domain for users in other 
countries. Whether a book is still in copyright varies from country to country, and we can't offer guidance on whether any specific use of 
any specific book is allowed. Please do not assume that a book's appearance in Google Book Search means it can be used in any manner 
anywhere in the world. Copyright infringement liability can be quite severe. 

About Google Book Search 

Google's mission is to organize the world's information and to make it universally accessible and useful. Google Book Search helps readers 
discover the world's books while helping authors and publishers reach new audiences. You can search through the full text of this book on the web 



at http : / /books . google . com/ 



F 

/J/ 

^6 3 



F 



^R C H IVES 



OF THE 



STATE OF NEW JERSEY. 



FIRST SERIES 
Vol. X. 



This volume was compiled and edited by authority 
of the State of New Jersey, at the request of the 
New Jersey Historical Society, and under the direc- 
tion of the following committee of that Society : 

Nathaniel Niles, Ch^n^ 
Joel Parker, 
William Nei^ion, 
Garret D, W. Vroom, 
Frederick W. Bicokd. 



'r\^ 



DOCUMENTS 



BELATINe TO THE 



COLONIAL HISTORY 



or THE 



STATE OF NEW JERSEY. 



EDITED BT 

FBEDERICK W. RICORD AND WM. NELSON. 



VOLUME X. 

ADMINISTBATIOX OP QOVBRNOE WILLIAM FBANELIK. 



1767-1776. 



NEWARK. N. J. : 

DAILY ADTERT18XB PEIMTINO HOUSE. 
1886. 



PRINCIPAL SOURCES 

WHENCE THE DOGGHENTS IK THIS YOLUHE WERE OBTAINED. 



Public Record Office ^ London, England, 

Manuscripts of the New Jersey Historical Society, 

Manuscripts of William A, Whitehead, 

Records in the Office of the Secretary of State at Trenton, 

Documents relating to the Colonial History of the State of 

New York, 
New York Colonial Manuscripts in the State Library at 

Albany, 
Pennsylvania Colonial Records, and Pennsylvania Archives, 



^^■•!TI'!ii;. 'i.':^. -J^^\ 



11 V i; 



.; .1 

W ' ■ ■ <■■' 



'. ,. I. 



1 1--I I . : ., 






':..r. ■ . (. 



,l..r. i --.s) ;.:i 



-J-: ^ ii' 



1- ;.: 



.... .1 ..: iji 



CORRECTIONS AND ADDITIONS. 



Page 109.— In note, for *■ fw^tioDF aDd eoiUtions,"' reatl " factious an'l Bedltloua." 

Page 181.— Iu next to last Udc of uote, for " N. J. Archives. VII., \7I.,'' rvail "N. 
J. Archives, Vn., VIU." 

Page 260.— Iu note, for " March 5 " read " March 4." 

Page S03.— In note, Jairen Lawrence studied law ltM-6, Isfctead of 17^-6. 

Page 811.— In note, for " Cliancy " rea.! " Chaimcy." 

Page 81S.— The reference In the last lUie of note fa to Hawkes and and Perrr^s 
Historical Noti-s. appended to the reprint of proceedings of tlio First Protestant 
Eplacopat General Convt ntlons in the United States. 

Page -118. - In note, for " One, Samuel Ford, was appointed," read " One Samuel 
Ford was apixjliited." He \va* probably not the person referreil to In the text. 

pA«E41<.-In note, for "The reprehentatlvea • ♦ • was," read "The repre- 
sentatives • • • were," etc. 

Page 4fi0.— In addition to the fcctp plven on this page In relation to Cliarles Read. 
It may be mentioned that In Charles P. Keith's " Provincial CTouncIllors of Peun- 
sylraniu." Phfladel(ihia, 1983. it Is stated q p. l«C-7) that Clxarles Read. the Phila- 
delphia Alderinan, Sheriff. Comictllor, etc.. died January 6, 178C-7, in the 61<t year 
of his atie. He married Ist, March 1H, iTiif, Rebecca Preeland, who wa^ hurled 
AUfTUFt 17, 171S; 3d, November 1, 1718, Aime Bond, daughter of Thomas Bond; : he 
was burled Februarj'18.1731; 8J. October 17, 1783. Sarah Williams, widow of J(»et'h 
Harwood. His first child was Charles Read, baptised Febniar}- iO, nu-iri, aged 9C 
days. He was admitted to the Pennsylvania bar October 10, 17S3. He married. 
Jime- U. 17;i7. Alice, daughter of Jacob Thlbou, a merchant of Antigua; she was 
bom November C. 17IB. died at Burlington. N. J., November 18. 1761). Mr. Keith 
■ays Judge Read contlnucl in office as Judge, and < 'oUector of Uortlngton, " until 
the Revolution,'' which Is inconect. He also says he was that Col. Cliarles Read, 
of the Second Burlington Battalion, who sought a protection from Col. Donop. In 
1770. which unpatiiotic act was ascribed to Adjutant-Oeneral Jceepb Ree<l for 
nearly a century, until the mistake was corrected by Adjutartt-Qeneral Strj-ker, of 
New Jersey, In li?76. Judge Read left three cliildreti; 1. Charles, bom £k?pteml>er 
21, 1789, died November 20, 1783; 2. Jacob, bom January 1. 1711-2. died Septem- 
ber 14, 1T8S; 3. James. If Judge Read settlinl In the West Indies in 1774. as was littt 
intention, according to the letter of Oovi-raor Franklin. It would scmu more prob- 
able that it was his son who was the Co), (.'harles Read In question.— [W.X.) 

Page 873.— In last line of note, for *■ as " read " are." 



CONTENTS. 



1767-^uIt 



*t a 



•' -Feb. 



—April 



>- M ik 



" —May 



'* -Miiy 



lune 



PADS 

Mi. — Commi&sioD of Mmirice Morgana, as Secretary of 
the Colony of New Jeraey - 1 

10, — DepuLatiou from Maurice Morgan to Josoph 
R^ed, Jr., to he Deputy Secretary of t)ie Colniiy of 
New Jorstcy 5 

10. — Commission of Joseph Reed as ProTincial and 
Principal Surrogate of New Jersey 8 

23. — Circular Tjetter of tho Eitrl of HillAlwrouffh to the 
Qoyemors in America, aiinonnoing hift appointment 
as Secretary of St^ite for the Southern Dcparttiient . 10 
28 — Letter from the I'larl of Hillsborough toOovemor 
Franklin, relative to qaarterinj: the Kinjr's li-w^ps, 
and exprw*sinjr the Kind's satwfaction with the sul»- 
missiou of the Colonie« to the Mother Country.-. . 19 

20. — An account of Hw Majesty's dt^faaini; in Council 
the old seali) of sereral of the Islands and ColonieH 
in America. 13 

21. — Circular Letter from the Earl of llUlitborough to 
the Govemora in America, relatiTe to a flagitious 

attempt to disturb the public peace 14 

4. — Commissiou of Daniel Smith, Jr., ae Surveyor- 

Gcneml of West Jersey 16 

ft. — Adtlres."* and Petition of the Assembly of New Jer- 
sey to the King, praying relief from Acts of Parlia- 
ment imposing a duty OD ihom for the purpot»of 

raising a revenne 18 

9, — Letter from the Speaker of the House of Rur- 
geaaee in Virginia to the Speaker of the Houi»e of 
BepTBMutati^'es in New Jersey, calling upon the 
Houw to join the Union in onler to take steps to 
A*«crt their constitntiouul liberty 81 

10. — Reprvseiitation of the Boanl of Trude to the 
King, recommending the repeal of an Act to Ap- 
point Commiitsioners for supplying the several Bar- 
racks SO 

13, — (ioTcmor Kmnklin lo ('linrlea R«ad — The Case of 
John Wilkes — Benjamin Franklin's Acwounta 28 



tl 



CONTENTS. 



PAGE 

1708— JuHO 14.— Letter from Qororoor Prankliii lo Secretary Hills- 
borough, giving ati Houutint of the iiiauufaclurt^, 
priMhux' rtml tituli? of Xcw Jewey 29 

" " 14— Uiller from CJofemor Frmnklin toSecretAry Ilillii* 
borough, relative to the New Jersey Act of 1767, for 
quArtering the troops 33 

*' " 16. — Letter from Governor PiaiLkliu to Secretary 
IlillslH>rough, relative to u letter frorn the Speaker 
of the House of Repreeentotives of MHwaohusetta 
Bay 34 

*' — July 11. — Circular fjetter from the Earl of TTillsborough to 
the Governors of AiiiHrica, directinj; them to trans- 
mit their duplicate* by the tirst opportunity 36 

** ** 11. — Letter from. Governor Kraukliii to Secretary 
iiillj:'bomu^, relative to a letter from the Speaker 
of the Massachusetts Kay SA 

*' " 35. — iViBdavit of Stephen Skinner, relative lo the rob- 

l>ery of the EiLst Ntw Jerst-y Treasury 37 

•* — Aug. 3. — Prochiination of Governor Moore, of New York, 

regarding thu robber)' of the East Jersey Treasury. 39 
** 13. — All onler of the King in Cuuiicil, repealing an act 
passed iu New Jersey in June, 1767, appointing 
Commiasioners for supplying the Barracks, etc 41 

** " 13. — Letter from Govemor Franklin to the Karl of 
llUisburougli, roeouimcndiug Mr. Kiuhurd Stockton 
to lie iip|>uii]t«d a member of the New J«noy C'ouD- 
inl in place of Mr. Woodruff, ileceatted 44 

•• *» 10, — Ix'tttT from Secretary Hillslwrongh lo Govemor 
PraukUn, relative to tbe letter from the Assembly 
of the MaHaachu.-^ett« Bay, and the King's di.iappro- 
balion of Gov. Franklin's assenting to a law oun- 
t.rary to an Act of Parliament 45 

'• " 24. — Letter from GovejTior Franklin to the Earl of 
Hillsborough, n'lative to a bill for t^trikingilltJO.OOO 
in bills of credit, to which he, the (inremor. had re- 
fused his assent, drsiring instructions 48 

" " 25."IxTtler frciu Governor I'Vanklin to the I'^rl ol 

FHllslnrough, rehitive to the complaint made by the 
Commissioner of (.'ustums in America to ihu King. . 53 

•• •• 2«. — (\jramiiwion of Governor Franklin lo t'harles 
RAJid, John Smith and Samuel Smith, to take charge 
of the Seals during his absence M 

*• '* 27. — I^etter from Governor Franklin lo Secretary 
lIillsl>onmgh, relativi- to u treaty with (be liuliaus 
for settling Itouudary between llR'ni and tlie Nortii- 
em Britbh Coloniee 06 



■ 


^^^» ^^^w 


^1 


^^^v 


PAGE ^^1 


1 17fl8-Sept. 


2. — Tircular Letter from the Earl of Hillsborough to 
the Governors in America. roUtive to lotturs rt- 
oei^*ed by them from Ilia Miijeaty'g Secretary of 


■ 


^H 


Sliite .... 


^1 


^m ** — Oct. 


12.— Letter from JSecrctary Hillsborough relative to 


^^1 


^H 


the LolUT from the fVswnihly of Mnssachiiai^lt.s Bay 


^M 


^» " —Nor. 


2,— Ortler in (Vmuoil appointing Richard Stockton, 


^^M 


V 


Km., to be of the ("Vjuncil of New Jersey 


^H 


1^ 


15.— Utter from SeeretAry Hillsborough to Governor 
Franklin, relative to the New Jerwy bill for issuing 
£100,000, and the unwarrantable proceedings of Lhc 




^^^^H 


AasBmbly in connection tlicrewith 


^1 


^^^^^^Bl 


20.- Letter from ».'hief-Jtifitioe Smyth to the Earl of 
Hillsborough, relative to the insufiBcieucy of his sal- 


■ 


^^^^f 


ary 


^H 


^^^^^^^^p 


23.- Letter from Governor Frankliu to the Earl of 

Hitlfiboruugh, defoudiug lu» I'onduct during the last 
scsaion of the Assembly of Now Jersey against the 


■ 


^^^^H 


oenrares of his Lordship _--_ 


^H 


^^^^' —Dec 


17,— Tjetter from Govornor Franklin to the Earl of 
Hillsborough, relative to the treaty with the In- 
dians for acttling the boundary line between them 


■ 


^^^HP 


and the British Colonica 


^H 


I ITflQ-JRiu 


82, — Letter from Governor Franklin to Cortland Skin- 


^^M 


^^ 


ner _ 


^H 


■ " 


98.— Loiter from Govornor Franklin to the Earl of 
HUlsbnruugh, giving further reaaons for issuing 


■ 


^^1 


£100,000 in Bills of Credit 


^H 


^H •* — Marah 


22.— Letter from the Plari of Hillsborough to Governor 
Franklin, i-elatire to the bill of the New Jersey As- 


■ 


^^^V 


sembly for issuing £100.000 


^H 


^^1^^" —April 


34.— Order of the Lords of the t."ommittee of Council 
for Plantation Affairs, directing the preparation of 
drafts of instruetions to the Governors in America 
for regulating their conduct in respt>io4, to bills for 




^^^^F 


niisiiig money by lottery 


^1 


■~"-M»y 


2. — Kepresentation from the Ijords of Trade to the 
King, recommending disallowance of an AcF of the 
New Jowey Aaaembly for issuing llOO.fJOO iji Bills 


■ 


^^^^H 


of Credit 


^H 


^^^^^^H^ 


11. — Additional inatructions to the Governors in 
America, directing thetu not to {wriiiit public or 


■ 


^^^^H[ 


private lotteries in llieir resippt'live govemnienla 


^H 


^^^^^^^^Ki 


18. — Circular Ijctler from I*oitl Hillsborough to the 
Govemoni in America, informing them Dial His 


1 



^^m 


^^V OOin'SKTS. ^H 




PASE 




Majesty's Oovernment have had do design to lay 




taxes on America for puritoses of revenue 109 


^^^m nflo-MsT 


11.— Governor Franklin to Benjamin Franklin— Ci4>- 




totn Trent'a affair — Tlie Goveruor's farming ojwra- 




tioD5— Seoratary Morgan and Deputy Bt-eil— Mat- 




ters in New York and Miweochusftt* Ill 


^^^^^^H 


36.— Order in Council disaUowinfc the bill pasbed in 




New Jersey for making current illUO.OOO in Bills of 




C^redit 115 . 


^^^H —July 


18.— Letter of acknowledgment from Governor Frank- 




lin to the Earl of Hillsborough 118 


^^^^^^H 


18.— statement of thi> daiin of New York v. Nuw Jer- 




sey in relation to boumlaricu 119 


^^^H '* — Sqit. 


87.— letter of ncknowledgment from Governor Frank- 




tin to the FatI of nitlsbortju^h— He fears the evil ^^M 




eifectA of the action of the Assembly of South Caro- ^^H 




Una 180 V 


^^^B " -Oct. 


fl.— Letter from Govenior Franklin to the Earl of ^^B 




Uillfiboroughf announcing the death of Mr. Ash- ^^H 




field, a member of the tVmncil, and recommending ^^B 




three persona as fit to fill the vacancy 181 1 


^^^H 


7.— Letter from a Couunitlw of the Assembly to Dr. ^^| 




Benjamin Franklin, notifying him of lu^ ap}>oijit- ^^H 




ment as Agent of the (.'olony 185 


^^^^^^H 


9.— lietter from the Earl of llillHburough to Govenior 




Franklin, stating tliat the Ijonls of Trade hail rec- 




ommended Corthuidt (.St^ifcon) Skinner tn be ap- . 




pointed a member of the New J eraer Council 139 


^^^^^^H 


10.— Letter from Governor Franklin to Secretary Pow- 




nall, relative to the provision for the support of the 




King's troops 141 


^^^^^^H 


IB. — Letter from Henry Wilmot to Committee of Cor- 




respondence, relative to a i'aper Currency, and the 




bill for Septennial Elections 142 


^^^^^^B 


14. — Order in Council appointing Stephen Skinner, ^^M 




Esq., to be of tlie Council of New Jensey, in the ^^B 




room of Lewis Ashfleld. Esq., deceased 148 


^^^^^^^^1 


34. — Letter from Governor Franklin to the Karl of 




Hillsborough, transmitting Chief -^Justice Smyth's 




Memorial 144 


^^^^^^^H 


34. — Memorial of Chief Justice Smyth respecting his 




salary 148 


^^^H 1770— Jui. 


18.— Letter from the Earl of HilUborough to Governor 




Franklin, correcting an error in regard to the Chris- 


K 


tiau name of Mr. Skinner 147 



■ 


^^^^ CONTENTS. ^^^" iX 


■ 


^^^ 


PAOI 


^1 


a 1770-Jwu 


88.— Letter from Governor PmnkHn to Cortlsndt Skin- 
ner, relatire to the rictouii proceedings in Monmouth 
County 148 


■ 


^V 


IS.— Letter from Go^*enior Franklin to the Karl of 
HtUsbomugh, inclosing paper with observations on 
two Acta of the New Jentey Assembly 150 


I 


^^^^^^v* 


»6.— Letter from Mr. Richjird Stockton to the Earl of 
HUlabopough. giving his opinion that the Governor 
of New Jersey i« duly authorized to hold a Court of 
Equity and preside therein IM 


1 


^^^^^^t» 


—.—The Petition of William Bayard, Ksq., of New 
York to the Boartl of Trade, prayiup^ the repeal of 
au Act or the Province of New Jersey, relative to 
the ( omtnon Lands of the Township of Bergun 168 


I 


W " —March 


16. — Speech of Governor Franklin to the Xjcgislature, 
in relation to the riota in Monmouth and Eases 
Counties ITS 


■ 


^^^^ 


20.— Addrww of the Assembly to Governor PrankUn, 
in relation to the note in Monmouth and Basex 
Counties IBO 


■ 




21.- ProelaroAtion of Governor Franklin, offering A 
reward of £2S for the discovery of the person or 
iwrsons who set fire to the stable of David 0(cden.. 183 


■ 


V 


38. —Ordinance in relation to the Court of Chancery.. 184 


^^1 


1^^ 


31.— Pardon of John Dodd and David Dodd, convicted 
of rioting at Horscncck 187 


■ 


^H 


tl.— Repptswntatiou of the Lortis of Trade to the King, 
recommending the disallowance of an Act of the As- 
sembly, relative to the Common Lands of the town- 
ship of Bergen 188 


1 


^^^^^^«s 


14. — Circular Letter from Mr. Pownall to the Gover- 
nors in America, inclo^tng an Act of Parliament, 
respecting certain duties _ 101 


M 


^^^^L 


38. — Letter from Governor Franklin to the Earl of 
Hill.Klwrough. relative to various matters of public 
intPToal IDl 


^ 


■ *' —May 


10.— Governor CoMen^s Coramiasicn to John De Noy- 
elles and William Wickham, as surveyors of tlie 
boundary line between New York and New Jersey.. 104 


I 


^^ •' — June 


6.— Order of Council, disallowing an Act of the New 
Jersey A.^sembly. tor striking £100,000 in BilU of 
Credit, and an Act rcgnnling the Common I^ands 
in the township of B<?rpeti lOfl 


1 


■ " —July 


C— Letter from tlie P-nrI of Hillftborfpugh to Gover- 


^^1 


^ 


nor Fraiiklin^ complimenting him and the Council. 108 


^^^^^H 



CONTEKTS. 



VAQ% 

1770— July 20.— ReprcsoiilMion from tlic Lords of Trodo lo 1 lie 
Kin^. roliitivf.- to au Act rognlating the practice of 
till- IttW ill New Ji'rsey 100 

*' — SepL ao.— I_^ttor from Governor Pninkltn to tiie Earl of 
Hiil^tKiniugti, lelative to the displeasure of the Aa- 
senibly at the disallowance of the P^wr Money Act . 200 

'* — Not. 5. — Letter from Governor Fr&nklin to the Karl of 
Hillflwrough, announcing the action of the Afveoi- 
bly, relative to provision for the supply of the 
troops, thu appoint nient of Barrack Masters, etc.. 301 

** "• 7. — PriK-lumation of Guvcriior Kninkliu, relative to 

an assault upon John Hutton. Collector tit Salcni.. 205 

•* — Ilec. O.^Twn wamuils tor tJic appre beneion of John Hat- 
ton and his sliive N«l 307 

■* •* 7. — Letter of Jnhn Ilatixin to Governor FrankHn, 

complaining uf the .hislices at ('*ii>e May,. . i!09 

'* *' II. — Letter from the Rarl of IlilUhoroiif^h toGovcrnor 

Kranklin, transmitting two orders of < ounejl 213 

'* " 25. — I/ottor from tlohu llatton to the ConiiuiHKionerB 

of the ('usloms, complaining of his ill-treatment — 215 

" " 33. — Ivetter of Atlonit-y-Generhl Skinner to Mr, Hat- 
tt^in, giving his opinion on tlie pivweodings of the 
Mngi.**lratet. at (.'aitt Mrty ... _ 216 

'* '• " — Tictter from Mr. Skinner, Attorney-General, to 
rharles Petit, on the conduct of the Magi^tratett of 
Cape May 217 

•' *' 80. — Letter from Mr. Hatton to the Com^)i«^ionen of 

Customs at Boston, relative to bia ill-treatment 218 

1771. — Jan. 8.— Letter from the tlarl of I]ills>>orough to Gover- 
nor Franklin, relative tu providing for the King's 
troops 210 

" " 10.— Letter from Frederick Smyth to tJws Earl of HUIb- 
borough. tendering bis seat in the Council of Now 
Jersey 220 

*' "^ 14. — Ijcttcr from Governor Franklin to the Karl of 
IlilUlton^ugli, it'altive to Llie war in Spjnn, the 
Superinltn<)ence of Indian ulTuir^, au'l announcing 
the dealli of John Ladd, a uiuuiber of the CuunciK. 231 

** '* 14,— Letter fmra Governor Franklin to Major William 

Trent 337 

*' -March 1. — Letter from John Puwnall to John Robinson. 

relative to a bounty uiM»n sinvt* from America 220 

" " 27,— Ix(tt-er from (iovenjor Franklin to (he Earl of 

Hillsborough, relating to recruiting partioa, and 
making provision for the King's troops; also on- 



COKTENTS. 



XI 



PAOB 
nouncing the dtmth of Jobn Smith, a member of 

Coimcil 380 

1771— March 30.— Letter from Governor Franklin to Lieut. Arthur 

Wadman, pn)niising him a8!>i8tano« in recruiting.. £38 
— April 9, — Report of Riehai"<l Jackson, B^i-, on eight Ada 
passed in the I'roviiice of New Jentey in March, 

1770 288 

" 20, — Letter from Benjamiii Franklin to Governor 
Franklin— The Ohio AJlair— The Asaembly'a InHol- 

venl Laws 236 

" 30.— Letter frum Governor Franklin to the Earl of 
nillslK)rough. nnnounoing the refusal of the Assem- 
bly to provide for the Eini^a troope and transmit- 
ting papers 287 

— May — . — Infitruotiorua of the Freeholders of Hunterdon 
C^mnty to their rcpre»entativos in Assembly, Jolrn 
liart and Samuel Tucker, adverse to the quartcrinj^ 
of troops in the Province 268 

" 1. — Order in Council, ap|>ointin^ Dunicl Coze a mem- 
ber of the Council of New Jersey 278 

" 4. — Lctt«r from the Earl of Hillsborough to Governor 
Franklin, relative to the dispute with Spain, the 
Indian trnde, etc, 274 

" 10.— Ijellcr from Governor Pranklin to tlic Earl of 

llillftbornugh. relative to the complaint of John 
Hatton. and tnuMnittini; copies of {lapers oon- 

noet4'<l therewith 275 

— June 1. — Ijettor from Governor Frankhn to the Knrl of 
Hi]l!4lM>rou^i, unnouncintr the refustil of the As-wni- 

bly to grant supplies for I ho Kitig'b troops 207 

21. — letter from the Lortls of Trade to Gnvoruor 
Franklin, relative to the dlsallowanuv of two Acta 

oT Uie Assembly of New Jersey 800 

—July 3.— Li'tt«r from the Eail of Hillsborough to Governor 
Frunklin. approving his conduct in the matter of 
rwniitinu the King's forees _ 301 

*' 19. — letter from the Earl of HilUiborouj^h to tJovenior 
Franklin, relative to the <.-omp)aint of Mr. Ilatton, 
and lu the relusnl «»( the Assembly to provide for 
the King's (roops 304 

" 10, — I^ettcr from Mr. Pownall to John Robinson, rela- 
tive to the coinplnint of Mr. Hatton 305 

•' SO.^Lettei" from Governor i-Vanklin to the Karl of 
IlillHb<:*^>ugh, relative to a depute between the Gov- 
ernor and the Aasembly on the rttiii:fnrttion of Mr. 
Ogden 806 



xii 



CONTENTS, 



PA as 
1771— Oct. 13.— Addn'sa of the Clergy of the Chureh of England, 
ill New V(»rk iind New Jersey, to Lortl Hillsbor- 
oDgh, rclnfivi? to ihe wnnlof Bishoptt in thone parts. >'X)0 

'* *' 21. — fjptter from Onvernor Franklin to the EhfI of 

Uillsborough, relatire to Mr. Ilalton's complaint.. SIS 

•* " 21. — Ijelter from Govenior Kranklin lo the l»rd« of 
Trade, relative to two Acts pro^nxsed to bo repealed, 
iJie eiulBsluii of Paper Bills, aud tlie appointment of 
an agent 815 

** — Dec 4.— Letter from the Earl of Hillaborongh to Governor 
Franklin, appronn^; hi8 position in regard to the 
resignatinn of a member of the Assembly 318 

'* ** 18. — Letter from Mr. TownalJ to Richard Jackson, de- 
sirini^C his opinion in renard to the resignation of a 
member of the Assembly nf New Jersev iJlO 

'* •• a<J. —Letter from Goveraor Franklin to the Lords of 

Trade, acquainting them with the appointment of an 

Agent for New Jersey 330 

•' 97. — Ijettvr fmin Oovenior Franklin to the Karl of 
nillKboitiugh, infonning him ihm proWsion had been 
made for ti.e arreaiv due to tlm tnK>p», and that the 
debt of the Colony incurred during the late war 

would be paid 321 

I77B — Jan. 11.— Letter from the Earl of Hillsborough to Governor 
Franklin — the removal of tlie troops from New Jer- 
sey leaves do cause for di:Migreeable altercation with 
the Assembly 32a 

•• '* 15. — Order in Council disallowing two Acta pasMd In 
New Jersey in Octolwr. 1770, and directing the 
preparation of an instruction to the Governors of 
the several Colonies, nwtraining them from assent- 
ing to laws by which the lands, etc.. of pers}n8 who 
have never resided within the i^olony may be at- 
tached for debt -324 

'• ** 80.— Ix'tter from Bonjsmin FrankUn to Governor 
Franklin, in relation to the apfwintnienl of Colonial 
Agents in England - 380 

•• — Febu 1. — Reprewniaiion from the Ijords of Trade to the 
King, submitting a draft of the instructions di- 
rected to be pri'pared in the foregoing order 827 

•• " 8. — Order in Council approving the draft of the fore- 
going instruction 82il 

" " la.— Represptitalion from the Ijords of Trade, with a 
draft of an additional instnieiion relating to an al- 
teration in the prayers tor the Royal family 881 



00NTBNT8. 



XIU 



1779— March 
•' —April 

" —May 



" — Jnne 



•' —July 



•■ II 



■' —Aug. 



'♦ — S^. 



»• 4» 



-Oot. 



tt it 



PAQK 

10. — Ijctter from Governor FrankHn to the Earl of 
HilUbomnRh. trnnsmittinj; public papers.. S38 

6. — Ix?itcr from Clovomor Franklin to the Earl of 
nillslioronph, roIatiTe to the resignation of Mr. Op- 
den an a member of the Assembly 334 

5, — Lictter from GoTemor Franklin to the Karl of 
Hillslxjroughv relative to two Acts of the Assembly 
passes! Octoljer, 1770 337 

11. — Letter from Goremor Franklin to the Earl of 
Hillsborough, tranimfiitiing the petition nf the Pres- 
byterian Cler^ praying for a (barter to enable them 
to raise fnruK etc 389 

18. — Commission of David Ogdeti as Supreme Court 
Justice 873 

B. — Ijptter from the Earl of llillsborong'h to Governor 
Franklin, relative lo the dispute with the Assembly^ 
and informing him that au adequate salary bad been 
tinted lo the Chief-Justice 3fll 

12.— belter from John Carey to Cortlandt Skinner, 
relative to his acting as Attorney-General In the 

Courta of Salem and Cumlierland Counties 882 

2, — Report of Riohani Jackson on tvrenly-flvc Act* 
passed in New Jersey, in Deceml)er, 1771 365 

16. — Report of Richard Jackson on the Usuinp of a 
writ fur the election of a new member of the Astern- 
bly in the room of Mr. Opden . 369 

2tf. — Draft of a clirase to be inserted in the instruc- 
tions to Govcmors in America, ^vinj; them as 
Chancellors the jxiwer to issue commissions for the 

care and custody of idiots and lunatics 370 

7. — Letter from the Earl of HilUltorough lo Governor 
Franklin, rehilivo to the i^uin^ of a writ for the 
election of a new member of the Assembly for Es- 
sex County 374 

4. — l^etter from the Karl of Darimnuth to Governor 
Franklin, relative to the plundering? and bunting of 

tlie Oasp^e schooner 875 

6. — Ijclter of Mr. Pownall to the Chief-Justice of New 
York, Xew Jersey, etc.. relative to the destruction 

of the Oasp^l-o schooner 877 

5.— Tjetter from Governor Franklin to the Earl of 
Hillsborough, informinp him that the Assembly had 
granted money for the support of the Kind's troops 378 
5. — IjetUT from Chief-Jiu'tif'e Smyth to the FjiH of 
IlUlsborough, relative to the robbery of the Treas- 
urer of the i^viuce^ and his traTcUng expenses. . . 879 



■• — Joly 

** —Aug. 



PAOE 

13. — better from Governor Pmnklin tn riieljonlsof 
Tnulu, reUtive to Ibe care and custody of idiot« and 
lonalies 883 

30. — Hemoriolof Attomey-OicnerHl Skinner to the Earl 
of Oartmoath, praying for au udequiUe salary from 

the Crowni for Iiis services 383 

2S. — bettor from (fovemor Fr&nkLin to Iho Earl of 
iMrtmouth, fiivin^ his obserrntions on the Boun> 
dar)' Act, the Act enablioR' subjects to inherit real 
estate, and the bottory Act 385 

ft. — better from the Earl of Dartmouth to Ooreraor 
Fraoklin, expressing hi« salisfttction with the A»- 
Mmbly 388 

5.— bettor from Governor Franklin to the Earl of 
Dartmouth, traii«imitling a mefnorial from the At- 
torney-General, Trilh oViwrvatioii:* on the fo«8 of offl- 
oem 389 

7.— I>!tter from QoTemor Tryon to the Earl of Dart- 
mouth 1)93 

8.— better from Chief-Juaticc Smyth to the Earl of 
Dartmouth^ relative to the destruction of the 

schooner Gasp6e - 396 

37. — belter from Govcnior Franklin to the Earl of 
Dartmouth, relative to ttie petition from the Pres- 
byti'rian Clergy 400 

3. — Ijotter from the Enrl of Dartmouth to Governor 
Franklin, relative to the HaUiriee of tlie offlocrs of 
the Crown 401 

7.— Order in Council directing alterations in the In- 
structions to Governors touching the ^rant of lamU 40*i 
10. — lieiter from the Rarl of Dartmoutii to Govenior 
Franklin, relative to the application made by the 

Presbyterian ministers 404 

10. — better from the Kiirl of Dartmouth to Chief-Jus- 
tice Smyth 404 

81. — better from Govenior Franklin to the Earl of 
Dartmouth, relative tn the more adequate estttbllsh- 
men! of the servants of the Crown 405 

2. — Let'er from the Karl of Dartmouth to Governor 
Franklin, relative to the petition of the Presbyterian 
roiniaten 407 

II. — better from Oorcmor Fmnklin to the Earl of 
Dartmouth, relative to the boundary line between 
New Vork and New Jersey 407 

7. — better from the Earl of Dartmouth to Governor 



i 





^^H CONTENTS. ^H 




^^^ PAQB ^^1 




Ptknklni, relatnre to the support of the Kinfc's Gov- ^^H 




emment in Xew Jersey - 408 ^^^| 


^■^ 1778— OcU 


18.— Ix^ttcr from Governor Franklin to the Earl of ^^| 


^^^^^ 


Diirluiouth. eiproiitsing the sstijsfactioD of the Pres- ^^| 




byterian clerfry. etc 409 ^^| 


^ 


38. — Rtiprcsentatioit from the Ijonls of Trade to the ^^^| 




King, will) draft of instructions tn Qovcmorg rcla- ^^^| 




tire to the naturalizatiDn of Aliens, diTorces. and ^^H 




titlBBof lands.. 410 ^^| 


^H ** —Dec, 


— .— E^tivct from a letter from Ckirtlandt Skinner to ^^| 




Philip Kearny, relative to the pnxseedlngs of the ^^| 




Aiisembly in regard to the Treasurer 412 ^^^| 


^^^^^^^H 


5.— Letter from Cortlandt Skinner to Philip Kcamy ^^| 




in reference to the Trejisurer 414 ^^| 


^^^^^ ,. 


19.— Letter from Cortlandt Skinner in relation to the ^^H 




Treasurer 415 ^^| 


^H 1774-Jan. 


8.— liCtlor from tJie Earl of Dartuiouth to Governor ^^| 




Pnuikiiii, relative u^ the approval of the boundary ^^| 




line between New York and Now Jersey ; also in re- ^^| 




K«rd to the UHtory Act 416 ^^M 


^^^^^^B •. 


—.—Draft of inslnicliona to the ReprescntAtiveB in ^^| 




Assembly from Burlinji^on Tonnty, relative t^ the ^^^| 




liabilities of the l-laptem Treasury 417 ^^| 


^^^H '• 


14. — Minutes of Council relative to Thomas Kinney, ^^^| 




High .Sheriff of Morris (\junty, olmrpxi with allow- ^^B 




inff Samuel Ford to escape from jail 419 ^^| 


^^^^E - 


'^.— Mei».wee of Governor Franklin to the Assembly. ^^| 




transmitting tlie reengnation of the Treoaorer, ^^| 




Stephen Skinner 420 ^^M 


^^^^H .. 


38.— Letter fmni Governor Prmoklin to the Earl of ^^M 




Dartmouth, relative to Treatiurer Skinner, the re- ^^^| 




movalof Charles Read toSt. t'roix, and recommend- ^^^| 




ing Francis Ilopkinson to fill the vacancy in the ^^H 




CouneU 435 ^H 


^^^^^^^V^ *i 


28.— ConuuifiRion of Uichard Stockton as Associate ^^| 




Jmtttce of the Supreme Court 437 ^^^| 


^^f •• — Mnivb 


to.— Circular i^^tter froni Mr. Pownall to the Gover- ^^^ 




nors, inclosing thi.> King^g message to Parliameat ^^^| 




relative to the di.Hturlmnoes in the Colonies 431 ^^^| 


^^^^^^^^ 


38. — Ix-tter from Governor Franklin to the Earl of ^^^| 




Dartmouth, ^nviuK answent to inquiriufl relative to ^^| 




the present state and condition of the Province of ^^^| 




New Jersey 488 ^^1 


^^^^ " —April 


21.— Keprcwntation from the Lonl^ of Trade to the ^^^^H 




King, recomnieiHling Francis Ilopkinson as a mem- ^^^^H 




ber of the Council of New Jersey.. 409 ^^^| 



^^^B 


^^^V OONTBKTB. ^^^^^^^^^^^ 




PAGE 1 


^^^H 1774— Ma7 


4.— Letter from the Earl of Dartmouth to GoTernor 1 




Franklin, relative to the temoral of the Treasurer 1 


^^^^■' 


of Eflflt, Jemey. etc 456 M 


^^^^^^^^1 


81.— Letter from Oovcmor Pranklin to the Eari of ^^M 




Durlinouth, relative to the Bntrton Fort Act; a ^^H 




Congrew of merohers of the seveml Houses of A»* ^^H 




sembly; the rernoral of the seat of Gorerament ^B 




from Burllnpton to Perth Amboy, etc 467 


^^^H —June 


13.— Letter from the Committee of the People of B§- 




sexCounty to the inhabitants of Monmouth County. 




oommentiug on the events in Boston, etc 459 


^^^^^^H 


13.— Letter from Governor Franklin to the Earl of 




Oartnioutli. transmitting a number of Acts of the 




New Jcntcy Assembly ... 461 


^^^^^^K 


38. — Letter from Governor Frunklin to the Earl of ^^M 




Dartinoiith. tnutsmitting resolutions adopted at a ^^H 




meeting of the inhabitants of Essex County, aiming ^^H 




to bring about a Congreas of Deputies from all the ^^H 




Colonies 4ff4 ■ 


^^^H *' —July 


6.—Ij<'tter from the Earl of Dartmouth to Govomor ^^fl 




Franklin, relative to the Committee of Correspond- ^^M 




cnce and the removal of the seat of government from V 




Burlington to Perth Arolwy 468 1 


^^^^^^^^B 


81. — Convention to Nominate Delegates to the Co«ti- ■ 




nental Congress 469 ^^B 


^^^^^^^^m 


20.— Letter from the Standing Ctnniiiittee of Corre- ^^M 




spondenee and Enquiry of the New Jersey Assem- ^^ 




bly to Benjamin Franklin, Inquiring as to the pn> 




eeedingB of the Parliament of Great Britain 472 


^^^^m " — Sopi. 


6.— Ijetter from Governor Franklin to Uie Earl of 




Dartmouth, reUtive to the First Congresa in Phila- 




delphia and containing '*secret intelligence" 473 


^^^^^^H 


7.— Letter from Benjamin Franklin to Governor 




Franklin, on Ainericun affuirs 494 


^^^^^^H 


7.— Ijettcr from the Earl of Daitmouth to Governor ^^H 




Fmnklin, expresaiug the King's anxiety concerning ^^U 




the Congresa in Philadelphia 406 1 


^^^H *' —Oct. 


19.-CircuUr letter from Uie Earl of Dartmouth to all ^J 




the Governors in America, relative to arresting and ^^| 




securing any gunpowder, arms or ammunition Im- ^^H 




ported from Enghmd to the tVplonies without li- ^^B 




ccnao 497 ^^t 


^^^^^^^^H 


81.- Letter from the Committee of Correspondence at 1 




Boston to the f^5^lmilt^e of Mnnmouth County 498 1 


^^^^^^B 


29.— Letter from Govenior Franklin to the Earl of ^J 



^^^^^^^^^^^^p 


^^M 


^^^^^^^^^^^^V PAoe ^^1 


^^^^^^^^^^K Dartmouth, transmitting u pampblol published bj* 


^H 


^^^^^^^^^^^■^ the Conj^reai al Phil^elphia 


500 ^H 


W IT74— Nov. S.— r*lttT from Uic Earl of Dartmouth to Governor 


^^1 


^^H Franklin, approving his conduct in transmitting 


^H 


^H papera.. 


501 ^H 


^^M " " 30.— ficport of the Surveyore of the Boundary Line 


^^K 


^^H between New York and New Jersey _. 


^H 


^H •' —Dec. 6.— Letter from Uovemor I'>anklin to the Karl ef 


^^H 


^^^^^^ Dartmouth, relative to the Congress it Philadelphia 


^^1 


^^^^H and the seDtiinent of the public coaceming it; also 


^^^ 


^^^^^ tmasmitting a plan of a proposed union between 


^^1 


^^V Great Britain and the (\>loiue6 


no3 ^H 


^^^^^ '* ** 6.— Report of Richard Jackson on thirty-three Actit 


^^^ 


^^^^H pftjwed in the I'rovinoe of New Jersey in Marcli, 


^^1 


^^^^ 1774 - 


^H 


^■^ •* 10.— Circular letter from the Earl of Dartmouth to all 


,^^M 


^^^^K the Goveniors in America, announcing the King's 


^^M 


^^^^^P detennination to witJistand every attempt to weaken 


^^H 


^^V his authority over the Culonies 


^H 


^^^^^ ** 18.— Caveat of the Overseer of u school in Burlington 


^^H 


^^^^H against any grants being made of the Island of 


^H 


^^^^^ Burlington 


515 ^H 


^^H *' 20.— Letter from Samuel Holland* Surveyor-General 


^^H 


^^^H of the Northern IHstriot of North America, to Mr. 


^^1 


^^^H Pownoll 


^H 


^^^H ** ai.— Petition of tiie members of the Congress at Phila- 


^H 


^^^^^P delphia to tho Ivtn^^ 


533 ^H 


^ " 82.— Proceedings of tht- inhabitants of CumlK-rland 


^^1 


^^^^^^ County, in accordance with Che reoommcndations of 


^^H 


^^^^^h the Continental Con;;res« — dimpproval of the de- 


^^1 


^^^^^^ structioD of tea at (ireenwich 


590 ^H 


M 1775 — Jan, 3. — Advertisement calling a meeting of the inhabi- 


^^^ 


^^H tanta of Shrewsbury for the 17Ui of January, to 


^^H 


^^H choose a Committ^ in accordance with the reoom- 


^^^ 


^^H mondatious uC the Cuntiiieutal Con^a'S.i 


6S8 ^H 


^^^^ •• *' 4.— tJircular letter from the Karl ot Otirtmouth to the 


^^M 


^^^^K GovemoTi*, directing tlicm to prevent Uio choice of 


^^M 


^^^^^F Deputies to tlie (bntineatal ( !ongre»d .. 


534 ^H 


^ " •' 7.— Letter from the Earl of Dartmouth to Governor 


^^1 


^^H Franklin* relative to the proceedings and resolu- 


^^^ 


^^■^ tiong of the Congress 


585 ^H 


^^^^ «* 26.— Proceedings of the £Ui£abeth*Town Committee of 


^^1 


^^^^H Observation 


^H 


^^^^" *• — Feb. 1.— Letter from Governor Franklin to the Karl of 


^^H 


^^^^ Dartmouth, transmitting his sijcech to the New Jer- 


^H 


^^^^^L Mj Assembly, with the rceolutious of that Iwdy... 


537 ^H 



znn 



CONTENTS. 



FAQK 
1T75— Feb. 17,— Letter from \jord StirlinK to Cortlandt Skinner, 
coTQring tho ralimtion of the land mortgaged bj 
him to Mrs. Mary VerpUnk M7 

'* " 18. — l*etter from (ioveriior Franklin. Tvlative to the 
seizure of all arms and ammunition imported into 
the Provinoo without liooDse 648 

" " 90.— Order iu I'ouucil, approving three act« of New 
Jeraej, and roeommcndine- salaries more suitable to 
the oiTil offioi*rs, the huilding houses for the resi- 
dence of the Govonmr, etc. _. 549 

** '* 23,— Circular Letter from the Earl of Dartmonth, ex- 
pressing hopes of a fMtoration of tlio public tran- 
quility - . 653 

** — March 8. — Circular Letter from the Earl of Dartmontb, en- 
closing a resolution adopts! by I'arliament 665 

" *' 8. — Letter froni the Earl of Ihirimouth to Governor 
Franklin, respecting the Acta for lowering the in- 
terest of money to six |)eroent: for striking £100,- 
OOO in bills of cn.Hlil, and for i\w relief of Abner 
Hutfield : also n^pccling salaries and a residence for 
theGovemor 667 

'* *• 6. — Ix^tter fn)m tJic Freehold Committee of TnspeoUoo 
to the *■ Kei*pcctable Inhubitunt^of (lie Township of 
Shrewsbury at their Annual Town Me^'ting " 55ft 

" ** 7. — Letter from Governor Kranklin to the Earl of 
Dartmouth, transmitting a li^t of the names of the 
mefnberK of the Council of New Jersw-y 500 

** *' 97. — Further pncxieedings of the ElizaU'tli-Town Com- 
mittiH.' of OLiservalion in relation to tlic landing of 
goods from tlie Bculah 608 

" —April ;(.— Ijeltor from Governor Franklin (o the Earl of 

Dortronutli, trnn^miiling t^ocret intelligence. 570 

" 15. — Circular letter from the Earl of fhtrtmoulh, rela- 
tive to the order of the Cora man rlor-in-C'hief of tlie 
forees in Aniorica 586 

** — May — . — Draft of an agreement among the lawyers of New 
Jersey that in CfjriBequencv of the stale of the Col- 
onies requiring every one to give his time and at- 
tention to the public service, they would do all in 
their power to prevent nn»eoc9sar)* litigation 5lttl 

« •• 0. — Ijcttcr fn)m Governor Franklin to the Earl of 
Dartmonth. giving an aoctmnt of the proceedings of 
the KingV troopK Jit Concord 590 

'* '* 20.— Kesolotions of tJio I'rovincinl C^ngTww of New 
Jersey in favor of non-exportation and appointing a 
but day , 5»7 



GONTKNTB. 



XIX 



PAGE 

1775— May 27.— Letter from Samuel Plolland to the Earl of Dart- 
mouth, ImuBmittlnfC the plans of last Summer's 

survey fS09 

" •' 37.— Procewlinpi of tlie inhnbitants of Shrewsbury. . . 600 
— June 0. — Lull^r from Guvomor Franklin to the Karl of 
Dtirtmout)i, ^iviny; an account of proceetlinj^a in 
Now Jerser, thr effect of the ** unfortunate affair at 
lA'xin^ioii,'* tinil I ntn^mitting papers 601 

" 7.— Ijttter from the Karl of Dartmouth to QoTcmor 

Franklin, referring to the Conf^rcess in Philadelphia, 

and to the Bkiimish near Boston 043 

— July 4. — Letter from Governor Franklin to the Earl of 
Dartmouth, giving intellig«uc« of the troops in Now 

Jersey uml PhiliuldphiB 644 

5. — Letter from the Earl of Dartmouth to Govcnior 
Fmnkliu, atiiiuuncirig^ the Kiii^^s tlelermiualion to 
crush tlif rcljelliun, and Ihat General Ga^o iind Ad- 
inirfd Graves had rewived orders to exert the most 
vigorous efforts to that end 04/i 

" 5. — ljitl#r from Governor FranWin to the Earl of 
Dartmouth, ffiriuK intelligence of the arrest of Ma- 
jor Philip Skeene, and transmittin^f a resolution re- 
ferring thereto 648 

** 13. — Letter fit»m the Earl of Dartmouth to Governor 

Franklin, approviuj^ of the i^ipeech of the latter to 

the Assemlily 651 

— Aug. 2. — Lt'tter from Governor Franklin to the Earl of 
DartiDOulh. annoiincinE; tlrnt Congreas had decUrod 
war, and prcparatinntt were in prof^resH for carrying 
it on; alflo enclosing a letter from Col. C-oxe lo Mr. 

Skinner <W2 

— Sept. 5, — tlrcntar Lett«r from the Earl of Dartmouth, rel- 
ailTB to employing II U Majesty's ships in semling 
diapatchos to Kni,'limd CTitf 

*• ft. — Letter from Governor Franklin to the Earl of 

Dartmouth, complaining that his dispatches are 
opened at the Poet OfGce, and unncinieing Uiat 

Oongliess had assumed commnnd of the militia 050 

30.— Inciter from Samuel Holland to the ICarl of Dart- 
mouth, relative to the boundary line between New 

York and Massachusetts llay 600 

-^Oct, 8. — Ijetter from Governor Fnmklin to the Karl of 
Darhtiouth, reJative to tlie coniUtion of ihi' ('olonie;^; 
Lord Stirling had accepted a roloncl's Commission 
fMm C^ngresj*: and no one would consent to be 
nominated for a place in the CoaucU OOS 



tx 



CONTKKTS. 



1775_Oct. 



■I fi 



—Nov. 



— Uec. 



It »i 



1776— J«i. 



-Feb. 



"— AUnh 



14 l( 



PAOK 

4. — Circulnr Iptt^r from Secretary Pownall. relative 
to Uko ilifloontinnaDoeof Packet Buats betwetm Eng- 
land and America M0 

6. — ['Toceedlnga of the Shrewsbury Comratttee of Cor- 
n^spondenoe _ AM 

28.— (IrcnUr letter from the Earl of Dartmouth, en- 

cloaiuf: the King's sjwoch 067 

1.— Let lor from Governor Franklin t<t Uii' Karl of 
Dartmouth, ^viiig inldligenc'c of the rai^diig of 
IrooiM anil money in New Jcniey, and enclosing a 
copy of a letter of Dr. Chureh interoept^d and ilfr* 

Uvereil to General Washington 669 

3. — Letter from Gtnrmor FVaiiklin to the Eaii of 
Dartmouth, transmitting the Governor's address to 
the Assembly 674 

23.— Letter from Lord Gerniain to Governor Prank- 
Lin, announcing the Kind's concern tliat hi» subjects 
in New Jer^y had .•tubniittod to the dictates of the 

Cl^ntinental (.'bn^ross 675 

5. — Letter from Governor Franklin to the Earl of 
Dartmouth, r»lattvc to the sentiments of the people, 
and the procoedtngv of Assembly; the Earl of Stir- 
ling suspended; general belief tlmt Clongresis will 

have the assistanco of Franco 676 

8. — lictter from Governor Franklin to the Earl of 
Dartmouth, describing his arrtst by Col. Winds; 
also the entering und searching of Mr. Skinner's 
house 668 

3?.- Report of Uichard Jackson on au Act for the re- 
lief of Kichiird Stevens, with respect to tbeiropri»n> 
mentof his person 701 

38. — Letter from Governor Prankliii to LorJ George 
Germain, relative to the seimre of his person by or^ 
der of Lurd Stirling 703 

— .— Beqtiisition of Jonuthuii Deare upon ('sptatti 
Heathcoto Jolinmin for Tour men from IkUddleMZ 
County 711 

25.- Order in Council relative to eedzurea, etc., of 
ships taken from the Colony of New Jersey and 
other Colonies 711 

— .—Articles nf Asstwiation of the Freeholders and 
inhabitants of Morris County, plorlging themselves 
to sustain the action of the Continental Congreie in 
defending the Constitution 716 

32.— Loiter from Governor Franklin to the Legislature 
of Now JerMy. 7J9 



NEW JERSEY 



COLONIAL DOCUMENTS, 



Commission of Maurice Morgann, aa Secretary of the 
Colony of New Jersey, 

rFrom Book AB of Oommiiwloiiit. Sucretju-jr of StAM's OAob. TnjQtoo. fol. 1.) 

George the Thir-d by the Grace of GckI &c. To all 
to whom these Presents shall corac Greeting, Whenits 
woe did by oiu* Letters patent under our Great Seal of 
Great Britian heaiing Date at Westminster the Tliir- 
teenth day of November in the seventh year of our 
Reign,' Give and Grant unto our Trusty and well 
beloved Maurice Morgann Esquii-e the Office or Place 
of Seci-etary of our Colony of Nova CiHsarea or New 
Jersey in America To Have Hold Exercise and Enjoy 
the said Office or Place of Secretai-y of our said Colony 
of Nova Ca^sarea or New Jei-sey in America unto him 
the said Maurice Morgann by himself or his Sufficient 
Deputy or Deputies (for whom he should be answera- 
ble) for and diu-Ing our pleasure together with all sucii 
Fees Rights Profits Priviledges and advantages as 
Christopher Coates Esquire Deceased/ or any other 
Becretary of our said Province hath formerly Held 



> November IS, I7W. 

* CiMi«8 hoil lMH>D conlinuMl In offlco by onI«*r of the Kinic In i'omicU. March i' 
J7W. ~». J. Archive*, UC. 85? 



9 



ADMINISTRATION OP GOVERNOR FRANKLIN. 



[1767 



and Enjoyed, or of Right ought to have held and 
enjoyed the same, as by the same Letters Patent 
(Relation l>eing tliereuntt) had) may more fully and 
at Large appear. And Whereas Doubts might have 
arisen with Respect to the Extent of the said Grant 
Wherefore for the better manifesting our Intention 
therein nrid for the facilitating to the said Maurice 
Morgaiui the full Enjoyment thei*eof Now know ye 
that we have revoked and Determined and by these 
presents Do revoke and determine our said recited Let- 
ters patent and every clause Article & Thing therein 
Contained and also all other or former Grant hereto- 
fore made in our said Province of New Jersey of all or 
any of our Offices or Places of Secretary Clerk of the 
Council Clerk of the Supreme Court, Clerk of the 
Pleas, Suri-ogato and Keeper and Register of Recoi-ds 
in our said Colony of Nova C^sarea or New Jersey 
And further hnow ye that wee of om* Especial Grace 
certain Knowledge & Meor Motion have Given and 
Granted and by these Presents do (live and Grant 
unto our said Tmsty and VVelbeloved Mam'ice Morgan 
Esquire the Office or place or Offices or Places of Sec- 
retary, Clerk of the Council, Clerk of the Supreme 
Court, Clerk of the Pleas, Surrogate and Keeper and 
R*^ster of Recoi-ds in our Colony of Nova CH*8area or 
New Jersey in America. And liim the said Mauiice 
Morgann Secretary, Clerk of the Council, C'lerk of the 
Supreme Court, Clerk of the Pleas, Smrogat^ and 
Keeper and Register of Records in our said Colony »>f 
Nova Ciesarea or New Jersey in America, we do njake 
ordain and constitute by these presents to have Hold 
Exeix^ise & Enjoy tlie said Otli** or Place, Offices or 
Places of Secretary, Clerk of the Council, Clerk of the 
Supreme Court, Clerk of the Pleas, Surrogate and 
Keopei" and Register of Records in our said Colony of 
Nova Coesarea or New Jei-sey in America, unto him 
the said Maurice Morgann by himself or his Sufficient 



1767] A.DMLNI8TRATI0N OF (iOVEH-S'ult FUANKUN. 3 

Deputy or Deputies' for whom bo sliall b« answerable, 
during oui* I 'loa.siire together with all snch Fees Rights 
Priviledges at! vantages perquisities and Emoluments to 
the said r)ffice or Offices KeH|>e(tivoly in any wise 
belonging or Appertaining. A nd lastly Wee do hei*eby 
Gi*ant unto the said Maurice Morgami that these our 
Leltei-s patent or the Inrollment or Exemplifioation 
thereof sliall l)e in and by all things Good firm valid 
Sufficient and Effectual in the Law according to the 
Ti*ue Int^^nt and Meaning thereof any Omission Imper- 
fection Defect Matter Cause or thing whatsoever to 
the Contrary thereof in any wise notwithstanding. 
In Witness dr Witness ourself at Westminster the 
Eighteenth day of June in the Seventh year of our 
Reign.' 

By Writ of Privy Seal 15th July 1767. 

Examined with the Record and agrees therewith 
Samuel Reynardson one of the six Clerks of the Court 
of Chancery. 

Recorded 5th Janr. 17r.S Exd C. P." 

Lnndon: 

WiLUAM ( 'hamberi^ynk of Lincolus Inn in the 
County of Middlesex Gtintleman makoth Oath and 
saith that he this de|M)nant did on We<lnesday the fif- 
teenth day of this Instant July Carefully Examine 
the annext Paper Writing purporting to be a Copy of 
Letters Patent Granted by his Present Majesty to 
Maurice Morgann Esquire of Cei-tain Offices therein 



■ MorKum ma Is Hew itney two jreuB later. appArentlx to kmk after tliv ad- 

niii>L4tnidoD of tbe (rfOce. See pt^tt, umler dat« of October 97, 1700. 

■ Xt flnt glance Lhle date is inoonHbitfut with tliat flnit gWeu abOTe. Bui King 
Oeorce n. died October ». 17W.-JV. J. Archtv^, IX. 943. <*-On the S5th da^ of 
OtMbeTt 1700, he {the Kinjcl btriair then tn ttu* seven ty-^ercnth year of hfs a#:e. onil 
the thirty -fourth of Ubi reign. liiH po^ went to take him hii< royoJ chooolate. and 
bebuld I the moml reli^toiw luid Kracloiu Klmr was lying dead od \.hv floor. Tbe 
eaored Vajeaty was but a lifeleM oorpxe,"— T^'it-JkfMitf'd " Fmtr (Irorgrt "\ ('ouw* 
qoeoUy. tbe "Mrenth year" of the reign of Kinj; Oeoripp lit. w-otUd vxtt>nd frum 
I tclnber M, I7H to OHobf^r Xi, 17V7 : hence, the dat4< given nl the hi-KlnnloK nf UiIn 
doeuiiient 1» November 13, ItU. •nil the last date. i» June 18. 17U7.- (W. N.) 

* Probably Charles Peltlt— See pott, under date of October iTS. iTOa. 



4 Abtfl.VISTRATlON OP OOVEBNOU FRANKLIN. (l?*!? 

meutioued with the Oiiginal Recoi'd of the said Let- 
ters Patent in the Petty Bag Office with the Proper 
Officer tliere, and this Deponent further saith that the 
annexed l^aper Writing is a true Copy of the Record 
of such Lettei's Patent now Remaining in the said 
Petty Bug office with the Proper Officer there. 

WiLUAi* Chamberi^vynk 

Sworn the UMh day of July 17«j7 hefore nie 

Rob. Kite Mayor. 
RecoixliHl the 5th Jan. ]7«ti Exd. C. P. 

To all to tvhom tliese Presents shall come I Sii" Rob- 
ert Kiglit Knight Lord Mayor of the City of London 
In Pursuance of an act of Parhament made and Passed 
in tlie fifth yeiir of the Rt^igii of his late Majesty King 
George the second Intitled an act for the more easy 
Recovery of Debts in his Majesties Plantations and 
Colonies in America Do Hereby Certify that on the 
day of tlie date hereof personally came and appeareil 
before me VVilham Chanil>erlayue the Deponent named 
in the affidavit hereunto annexed being a pei-son well 
known and Worthy of Good Ci-edit and by Solemn 
Oath which the said Deponent then took before me 
upon the Holy Evangelists of Almighty God did sol- 
emnly & Sincerely declare Testify & Depose to lie true 
the several mattoi-s and things mentioned & Contained 
in the said Annexed Aifidavit. 



In faith d' testimony whereof I the said 
Loi*d Mayor have caused the seal of the 
Office of Mayoralty of the said City of 
London to be hereunto put aud affixed 
*'- , — -^ and the Co^ty of Letters Patent men- 
tioned and Referi-ed to in and by the said Affidavit to 
be hereunto also annexed Dated in London the six* 
teeenth day of July in the year of our Loitl one thou- 
sand Seven Huudi*ed aud Sixty Seven. 

HODGKS. 

Recorded Jan. IT»>s. Exd. per C. P. 



17B7J AnHINlSTBATIOff OF fiOVEUNOK FUANKLIN. 



Deputation from Maurice Morgcttm to Joseph Reed, 
Jt,^ to Ife Deputy Secretary of the Colony of New 
Jersey, 

IFrom BdoIc Afi of OoouiiJnlons, In B«cre<ar7 of BtAt«'« Office, al Trenton, fol. 4.1 

To ALL TO WHOM these Presents shall come, Maurice 
Morgan of Parliameut Street Westminster, Esquire 
Sendeth Greeting \nereas his Pi-esont Majesty by his 
Lettere Patent under the Great Seal of tli^eat Britain 
bearing Date at Westminster the Eighteenth day of 
June in the seventh year of his Reign Did Give and 
Grant unto the said Maurice Morgan the Offices and 
Places of Secretary, Clerk of the Council, Clerk of the 
Supreme Court, Clerk of the pleas, Surrogate and 
Keeper and Register of the Recoi-ds in the colony of 
Nova Ceesarea or New Jersey to have hold exercise 
and Enjoy the said Offices and Places by himst^lf or his 
sufficient Deputy or Deputies during Pleasure together 
with all Fees Profits Priviledges and ;id vantages to the 
said Offic4?s belonging and appertaining now know ye 
that for Divei-s Good Causes and Considerations him 
the said Maiu-ice Morgann hei'ennto moving He the 
said Maurice Moi^gann hath niatle oidained Constituted 
Deputed and Ai>]iointed and by these presents Doth 
make Oixiain Constitute Deput-e and Appoint Joseph 
Kecd Junior' of the Colony of New Jersey afon*said 



> TUa Is the person <r1ia flKores In bivUny as Wuhingion*« Ad^tant-Opnrrml, bihI 
liter as Pnafalent of tbo Supreme ExM^uUre Oonacn or Penusvlvanla. Tin* " Ufe 
wmI Correspondence of Jowpta R^ml. by htg icnodmm, William B. R<^in). " rtiiladcl- 
pbim IMT. Is vrry mi-iaffre in d<'iiUU of the early Hfo of thi* uiibject of U»e lK>nk. 
B» WM bom at Tmnton. Now Jersey. Auguiit 27, I7-U; eooti after. Itls father 
i;.4.ndrew R«»ilv rpoiovpd tn Philii^clphliv where he llvi'fl iinitl 17M. whfn hi- 
rotum^d to TrentoD. Vooug Reed (who was sametlmea called "Junior." probably 
to ilKltiKiltnh him from his iiitclf, Jot«eph Reedi, havtog he<>n ennliintetl fn^nt 
PrtucHon Id ITTi", stmlled Inw with KirhnnI Stnclttoit. v.ns iv\mHlt^\ lo th»« liar In 
ITUB, and ihen wmt to LoDdoo. where lit* eiitervil the MIddU* Tfrnple, i-einalnliMr 
tJir*rf until lh<« sprlniirof ITOK, when he rt'tiirned to Ameriwi ani! becnii |irnrtJsln|f 
law In Trenton. What more naturoJ than to suppose be won the tevor of ILr. 



ADMrNIdTRATlOX OP OOTREirOH PRAKKUK. [1707 



Esquire his the said Maurice Morgann's Deputy of and 
in the said Oflfir,es of Secretary, Clerk of the Council, 
Clerk of the Supreme Court CU-rk of the Pleas. .Surro- 
gate and Keeper and Register of Records of the said 
Province for and during the Pleasure of him the said 
Maurice Morgann, And the said Maurice Morgann 
doth hei-eby authorize & Impower the said Joseph 
Reed to do Perform and Execute all and every such 
act and actii, Matt*?i's and things as to the Duty and 
Offices of fttH^retary, Clerk of the Council, Clerk of the 
Hiiprenie Court, Clerk of the Pleas, Surrogate and 
Keeper and Register of Elecords of the said province 
shall api^ertaiii or Wong or whicli may or ought to be 
Done Perfortne<iand Execut.eti and also to have receive 
and take all Fees dues Rights profits priviledges and 
iwlvantage-s whats<x?vm* to the same Offices or any or 
either of them belonging or of Right appertaining 
thereto or which shall arise happen or become due 
during such time a.s he shall continue Deputy in the 
Offices aforesaid he the said Maurice Morgann hei^ehy 
Ratifying and CV>nrtrmiug all and whatsoever his said 
Deputy shall Lawfully do or Cause to be Done in the 
Pi*eniises In Witness Whereof the said Maurice Mor- 
gann hath hereunto set his Hand and Seal this Twenty 
Seventh day of June in the seventh year of the Reign 
of our Sovereign Lord (teorge the Thinl by the Grace 
of God of Great Brikiin France and Iivland King 
Defender of the P^aith and S4> forth and in the year of 
our Lord one Thousand and S«'ven Hundi*ed & Sixty 

Seven. 

Ma TRICE MoROANN. | Seal. J 



whlk purMuinK- Hit tnw atuditM In the Mtddk* Tempi** r UU faUwr'i tUnoM, 
hill frniwlnff pracliiN* nml oMtrr Intermts ilouhUfS8 oomhfnpd to t^itaf him to irlv« 
up his offlit' Iti IVflO !«•■« fn>Mt, umlHT (lAl« of October S7. tTiVOt, aikI UIk fatber h*vlRir 
■lli'il tluU Hntm* yrar I l>(*c*HinlH'r Ifli, In Mitrch, I77i), he wrnl to En^tuni) to oUUm 
hto pniinianl tiriOp (Eiftlivr Dc Berdt), with whcna ho rvtumed lu OoLober. Then he 
netUedhi FhlUOolphlK. itml tli€iv«rter wiu IdeuUnetl with ihu liiatnrr of PeDiisyl- 
vmniM.~R*tttA Ut^tl, I,, M-U; HUt. Pre*. CKwHS. In TreMon, \>y John HaU, V. D., 
Now York, iSM, 74, 73. I90-W»,-(W. N.J 



I 



1707] ADHINISTRATION OP OOVEBNOR PRAKKLIK. 7 

Sealed and Delivered (being first duly starapt) in the 
Presence William Clianiberlayiie, Thomas Cotton, Atty 
near the Hennitage. 

Menioranditm that on the Tt^nth day of October 1707 
Joseph Reed Esq. in the within Deputation named 
appeared before rae Charles Read Esq. one of the Jus- 
ticee of the Supreme Court of the Pravince of New 
Jersey and t(X)k the Oaths and made and Hnbscribod 
the Declaration appointed by Act of ParHament and 
also an Oath for the due Execution of the Offices 
within mentioned which 1 adminiatered to him by 
Virtue of a Dedimus Potestatem. 

Chas. Read. 

Reconled Hh Jan. I7(>s. Exd. C. P. 

WnxiAM Chamberlayn'e of Lincolns Inn in the 
Oouaty of Middlesex GJentleinan maketh oath and 
saith that he this Deponent did see Mauri(ie Morgann 
of Parliament Street Westminster Esquire sign and 
seal and as his act and dewl DeUver the Deett Poll or 
Instrument in Writing hereunto annexed in the pres- 
ence of him this Deponent and Thomas Cotton Gentle- 
man the other subscribing witness to the Execution 
thereof and this Deponent further saith that the name 
Maurice Morgann set and subscribed against the seal as 
the party Executing the Deed pol or Instrument in 
Writing hereunto annexed and the names Wm. Cham- 
berlayno, and Thos. Cotton subscribed as witnesses to 
the Execution thereof are of the Respective Proper 
Hands writing of said Maurice Morgann Thomas Cot- 
ton and of this Deponent, Wra. Charaberlayrie. 

Sworn the lOth day of July 17«7 before me 

RoBT. Kjte, Mayor. 

Recorded 5th Jan. 1768 Exd. C. P. 

To all to whom these presents shall (.^onie I Sir Rob- 
ert Kite Knight Lord Mayor of the City of London In 
Pursiiaiice of an act of Parliament made and Passed 



A1IMINI8TKATIOK OK GOVBRNOK FRANKLIN. 



[nos 



in the fifth year of the Reign of his late Majesty King 
George tlie Second InHtnle/i an Act for the more easy 
ivcovoiy of Dehts in his Majesty's Plantations and 
Colonies in America Do hercbt/ Certify that on the day 
of the Date hereof |>er8onally came and appeared hofore 
me William Chambt^rlayne, the Deponent iiameil in 
the Affidavit hereunto annexed being a person well 
known and worthy of Good Ci*edit and by Solenm 
Oath which the said Deponent then took before me 
upon the Holy Evangelists of Almighty God did Sol- 
emnly & Sincoi-ely declai-e testify and depose to bo 
true the several matters and things mentioned and 
Contained in the said annexed Affidavit. 

In Faith and Tt'stimon>f whereof T tht? 
said J^rd Mayor have Causetl the seal of 
the OflSce of Mayoralty of the said City of 
London to bo lien.ninto put and af!ix(H^l and 
)ll or Instrument in Writing meniioned 
and Referred to in and by the said Affidavit to be 
hereunto alsti annexed Duted in London the sixteenth 
day of July in the year of our Lord one Thousand 
seven Hundred and Sixty Seven. 

H0DGE8. 
Recorded Jan. 5th 176!?. Exd. (xir C P. 




Commission (tfJosvph Reed as Procinciaf and Prin- 
cipal Surrogate of New Jersey. 

IPraui Book AB oT ComnHwdftnii, Secrauur of St«t«'c Offlns Treatoo. fol. 8.) 

By his Excellency William Franklin Bsq. Captain 
Geneiul and Governor in Chief, in antl over his Maj- 
esty''s Province of New Jersey and Territories thereon 
depending in America, Chancellor and Vice Admiral 



I7fi8] ADM1NISTBA.TI0N OF GOVERNOR FRANKLtN. 



9 



in the same, and Sole Jiidg»? of the Prerogative Couiii 
of the said province &c. To all to whom these presents 
shall come G-reeting. Whereas His Majesty hath been 
pleased by his Letters Patent under the Great Seal of 
Britain dated at Westminster the Eighteenth day of 
June in the seventh year of his Reign to appoint 
Maurice Morgan Esqr. Surrogate of the C'olony of T^ew 
Jersey with Power of Deputation as by the said Patent 
on Record may moi'O at large appear, And the said 
Maurice Morgan Es<|, havnig liv an Tnstrnment under 
his Hand and Seal constituted Jos*iph Reed Esq. his 
Deputy in the said Office And Wfiej-eas some Doubts 
have arisen on the said Ai)pointnient and on the Power 
of the said Maurice Morgan to make a Deputy hh to 
the Office of Surrogate: In order therefore That His 
Majesty's gracious Intentions in the said Patent ex 
pa*8se<l may have full Effect within tiiis Colony and 
the Deputation of the said Maurice Moi-gau Esq. may 
not in respect to the Surrogate's Office, be disputed I 
do liereby Commiasionate Authorize and Appoint you 
the said Joseph Reed to be provincial and pi-inciiwil 
Surrogate of the province of New Jersey and I by 
those pi^esents, do disallow and make void all former 
CV)mniift8ions heretofore gi*anted, to Surrogates in the 
said province, Giving and by these presents granting 
unto you full power and Authority in my stead and 
place to swear or Affirm the Witnesses to Last Wills 
and Testaments, to Admit Administrations on the 
Estates of Persons dying Intestate, and tr> Administer 
the Oaths or Affirmations to Executoi"s and Adminis- 
trators, and their Accounts to State Examine and 
Aiii)rove, allow and discharge and Quietus Est thero- 
ui»on t-o give and giuut, and generally U} do execute 
and perform all such Acta and things as to the said 
Office of Surrogate doth lielong and appei'tain, so long 
as you shall Continue Deputy to the said Maurice Mor- 
gan under the Appointment afoi*esaid. Saving and 



^ 



10 



AOMINISTBATION OP OOVBRNOR FBANKUN. [1768 



reserving, Nevertheless as Ordinary of the said prov- 
ince all Judicial power in Conti-o verted Cases, accord- 
ing to the Usage and Custom of the said province 
hereby giving and gr.uiting unto you the Siiid Joseph 
Reed the said OflSce of Pmvincial and Principal Surro- 
gate of the Province of New Jersey, with all Fees, 
pertjiiisitos and Emoluments, profits and advantages 
to the same belonging or Apiwrtainiug or that of right 
ought to belong or appertain or that legally have t)ocn 
tiiken and received, or that of right ought to have been 
taken or i-eceived by any person formerly Surrogate in 
the said Province; you the said Joseph Reed being 
accountable to me or the Govei'norand Commander in 
Chief of Uiis province for the time l>eing, for the Seals 
Affixed in the said OflSce, In Testimony whereof I 
hiivo hereunto set my hand and Caused tlie preroga- 
tive Seal of the said Province to be hereunto Affixed 
at the City of Burlington this nineteenth day of 
November in the Eiglith year of the Reign of our 
Sovereign Lord George the third by the Grace of God 
of Great Britain France and Ireland King Defender of 
the Faith &c. Anno Domini One thousand seven hun- 
dred and sixty seven. 

W. Frankun. 



Circular Letter from tlit- Earl of HillsboroiUfh. to all 
the Govfrnom in Ameriat^ informing them of hts 
appointment as Secretary of State for the SoiUh- 
em Department. 

[VttNn Plsntulou Qenetml tS. P- O.) CCUV.. Ko. t.] 

Whitehall Jan: 33. 1768 
Sir • 

His Majesty having been grjiciously ]iloased to ap- 
piont me to \te one of his principal Secretaries of State. 
and to coramitt to ray Care the Dispatch of all such 



1768] ADirilflSTUATION OP (tOVKKNOR PRANKLIN. 



11 



Business relative to His Majesty's Colonies in America, 
ad has been usually Dis|)atched by the Secretaiy of 
State for the Southern Department, I have His Maj- 
esty's Commands to signify this Arrangement to you, 
and His Majesty's Pleasure that your Dispatches be 
for the future addressed to me, conformable to the 
Rule of Correspondence prescribed in His Majesty's 
Order in Council of the 8*^ of Aupist, 17G6, a Copy of 
which is herewith tninsmitted to you.' 

It is His Majesty's intention in making the pi-esent 
Arrangement that all possible fa4.'ility i& Dispatch 
should be given to the business of his Colonies and as 
nothing can more effectually contribute to this Salu- 
tary purj>ose than a frequent and full Communication 
of all Occurrencies that may happen and a regular and 
punctual tniasraission of all Acts and Proceedings of 
Government & Legislatm-e and of such Pa|>ers as have 
aiu'" Relation thereto, I have it in Command fi-om his 
Majesty to recommend this to your particular Atten- 
tion, His Majesty having observed with Concern tliat 
this Essential part of the duty of His Office i"s in 

merica has scarcely anywhere been duly attended 
and in several Colonies particularly in the Char- 

r and Proprietary Governments almost entirely 

eglet'ted. 

I have notliing further to add but to express my 
earnest wishes that by the utmost Attention &. AppU- 

tion I can give, I may be able to fulfill His Majesty's 

ost gi-a*:ious Int<:!ntions, and I take the liberty to 
ui*e you that I will not omitt to lay your DLHi>ati^lie», 
soon as I receive them before the King, and to for- 
ward anil assist as far as I am able, your measures for 
^^the PubUck Service 
H I am &' 

^H HiLUSBOROUGH 



' Bae New Jeney Arohlvea, EL, 608. 



12 



ADMINISTKATIO^r OF ItOVBUMOR PRAKKLIK. [1708 



Letter from the Earl of Hillsliorowjh to Governor 
Frnnklin, relative to making provision for quar- 
tvrin(j thi' Kiw/s troops^ and I'vpressing the Kin'/a 
satisfaction with the siUnnission of the Colonies 
to the Authority of the Motlier Country, 

{Wma P. B. O. Americsa uid Weal Indies. Vat 171 (ISl k1 

WuTTEiULL, Feb'ry 237* 17GS 
Gtovernor of New Jersey. 

Sir, 

Since the ISarl of Shelburne*s Lefctwr to You, dated 
the ISI' of July last,' Your several liettrrs to His Loi-d- 
Bhip, N" 3. 4. 5. have been received, and laid b»?forG 
the King. 

The Law passed in June last for making Provision 
for quart*Ming His Majesty's Troops, is before the 
Lords of Trade for their Consideration, and it will be 
a great Satisfaction to His Majesty, if upon tlieir 
Lordsliips Examination of it, It shall be found to be 
conformable tu what has been directed in that Case 
by Act of Parliament." 

The very becoming Testimonies which have been 
lately given by almost all His Majesty's Colonies of 
their dutyfull Submission and Obedience, to the Laws 
and Authority of the Mother Country, have given His 
Majesty tln^ Ki*L'at<?st Satisfaction, & cannot fail of 
restoring that mutual Coniidence so essential to the 
InteTOst and Welfare of both. 

As the future I)isi>osition of His Majesty's Troops in 



■ R«w ilenwy ArehlTM. DC- , 096. 

* ThiH Mfit wm pnswHl Juan iM, ITRT. -AllinMOH'a fjanui, anO-1. Ttir Bcwrvl nt Tnwle 
recomtiiL'iicloO Its repeal. Jimc 10. 17<M. uid It vos repealed bj tbe \\iu« lii Couoctl, 
AuriMt lit. 1708. -See fhw/, under ihtt»c <lnte>c. Sw klao S. J. ArchivfM, IX., 57(1. 



1768] ADMIHESTBATIOK OP GOVGKNOR FRANKLIN. I3 

Ameiica. will very soon come under the Consideration 
of the King's Servants,' I shall not fail on thia Occa- 
sion to liave a proper Attention to what is suggested 
by You in respect to the Dissatisfaction arising from 
the Ine<]nality of the Eixpence attending the Manner 
in which they are at present stationed. 

The Attention which has always been given by the 
Commander in Chief of His Majesties Forces in 
America, to establish good Oitler & Discipline, leaves no 
room to doubt, but that every Irregularity & impmper 
Behaviour, either of the Officers or Soldiei's, would, 
upon a proper Complaint, be sevei'ely punished, and 
therefore, it can never witli Reason be m*ged, that the 
Injuries sustained by the disorderly Behaviour of the 
Soldiers, counterbalance the Advantages whicli the 
Colonies receive from the Money which is spent 
amongst Them. 

I am &c? 

lIlLLSBOROLOn. 



An jiccounl of His M*ijc-ffif/\H dejacing in Council ike 
aid Seals of sevtrnl of the Islands and Colonies 
in America, 

[From P. K. O. B. Tm PlMitatloiut ileneral, Vol. 8D (W), V, 3.1 

At the Coukt at 8t Jam}^:s's the UOI? day of 
April, 1708. 

Present 
The King's most Excellent Majesty in Council 

Whkkeas iliere was this Day laid befon? His Majes- 
ty in Council pursuant to His Majesty's Orders in 
Council and Warrants the old Seals whicli have been 



I 0Bdar dste of October 89. tfRT, Governor FysnkHn hod miKirHt«il that EnKlauil 
■luult] "ftpproprlAtc SQiiieortbe MoiiiHlAriaiii«oul uf tUo Reveuueeor Ihi^ Crown 
la Amt^rics. uiJ the I>«tfr»)iii£ of \hosc Bx|>«Dce« for Uir futunv"— ^V. J. AtdiinB. 
IX..»I3.-IW. N.| 



u 



ADKINISTRATION OF GOVERNOB PRASKUN. [1768 



received from the following Islands and Colonies in 
America in Order to their being Defaced Viz' Jamaica, 
Barbados, Leward Islands, South Carolina, Georgia, 
Nova Scotia, New York New Jersey and Massachusetts 
Bay And his Majesty was pleased to Deface the said 
Seals accoixlingly. 



CirctUar Ijetter from the Earl of Hillsborough to the 
Governors in America, relative to a flagitious at- 
tempt to disturb the public peace. 

tKrom M6W York (.'olnubU Documents, VoL Vm.. p. S6.\ 

Whitehau.» Apkiu, iM. 170s 
Sir 

I have his Majesty's Commands to transmit to you 
the enclosed copy of a letter fix)m the Speaker of the 
Houae of Representatives of tlie Colony of Massachu- 
setts Bay, addressed by order of that House to the 
Speaker of the Assembly of each Colony upon the 
Continent of North America. 

As his Majesty considers this Measure to be of a 
most dangerous & factious tendency calculated to in- 
flame the minds of his good Subjects in the Colonies 
to promote an unwarrautahle Combination and excite 
and encoui-age an open opposition t^i and denial of the 
Authority of Parliament. & to subvert the true i>rin- 
ciples of the Constitution; It is his Majesty's pleiisure 
that you should immediately upon the Receipt hei-eof 
exert your utmost influence to defeat this flagltions 
attempt to disturb the Public Peace by prevailing upon 
the Assembly of your Province to take no notice of it, 
which will be treating it with tlie contempt it deserves. 

The i'L*i>eated proofs whicli have been given by the 

Ass4»mbly of of tl)eir Revcivnce and re8i>et't for 

the laws,and of their faithful Attachment to the Con- 



t768] ADMIKISTKATION OP GOVERNOR FBAKKUN. 16 

stitution, leave little Room in his Majesty's Breast to 
doubt of their sliewing a proper Resentment of this uu- 
justitiahle Attempt to i-evive those distraotions which 
have operated s<i fatally to the prejudice of tliis King- 
dom and the Colonies; and accordingly his Majesty has 
the fullest confidence in their Affections But if not- 
withstanding these expectations and your most earnest 
endeavors, there should ajjpear in the Assembly of 
your Province a disjK>sition to receive or give any 
Countenance to this Seditious Paper,' it ^nll he your 
duty to prevent any proceeding upou it by an imme- 
diate Prorogation or Diasohition. 

Iam&" 

Hillsborough. 



Commu^sion of Daniel Smith, Jr., as Stirtfeyor-Oeji- 

era! of West Jersey. 

[From Book AB of ComiulittlDiu. f)euretU7 of ButA'i Office. Trenton, fol. U.] 

To all to whom these Presents shall come. We 
Abraham Hewlings Vice President, John Monrow, 
John Hinchman, Daniel Ellis, and William Hewlings, 
a Majority of the Council of propnetors of tlie Western 
Division of the Colony of New Jersey send Greeting 



< TIili ciraular letter of tba M oasachiutetu Aasemblj' is prtnt«d tix full In tlM Penn- 

«ylvaDiB Ajctlves, Vol. IV., isi Sfri«8, p. *«. It conveys tn the most rv«peciful Ion- 
IfUKgf tht? aetituuenls of tbe Assembly iu reKnrcl to the opentlaa of the eeverml 
ftcta ot PariUnMmt Imposing duties ami tucee on the AmerlcAn CV>lonle«. It uaeru 
that Hia Uajeet/'s Auierlcaii sul>Jt<u(« Iulvd aji Hiuitable daiui to Utp full »>Djoy. 
ment of tba ruudameoto) rules of tbe British ConsTituiimi ; that !□ thla cVinstituUoii 
ia enirrart«*l ah a fumlamfiiital law Lhc uualterable right iu unture. timt wlmt u m&ii 
ham bocuwtlT ftcqulred Ik alntolutely bla otvn. wbtcb be may frvi'ly ^Ivf, hut cannot 
be t&keo from btra 'ivithuui hiN consent; tluii tb»? Antfrii'un Hiibji*ftH may, Ibt^re- 
^»^c, exchwlvfi of rniy coutflileratlon of cbartur ri;(lit». withu decMit (Inniiritii, 
adapted to ttte character of five mvn and subJectA. assert tbla uuturul coimtltu- 
ttonal rtxht; that It Mran, murt'uvfr, Ui** btunbit* tipliilmi uf tbe AKHi>m)ily, tixitn-wt'd 
with the jErT«at««t duterrnco to the o-tHdom of rarllaiQent. that thi« art.-* ma4<' there 
luipoainedulltw uil tlie pi'nple of tbut Pi-uvliiee, with the sdIc uiuI fxprcHs pitrpose 
of ralHlnif a rereuutf, an* hifrluftcnifiitAor tb<.« natural (.MutttltntioDal rlgbiH b(*(uiii!ie 
ax th^y atK uot- r«prtr8cnU'<l ia the Brltl*(h PorllaDient. Ilbi Ma]»-«rt3''<i CommonB in 



16 



ADMINISTRATION OF OOVERNOR PRANKUV. 



[17(58 



Know Ye that by virtue of the rowel's and priviledges 
to the General Propnetoi-s of the said Western Division 
of the said Colony granted by his late Majesty King 
Charles the Second by his Letters Patent under tlie 
Great Seal of EIngland And in pursuance of the Trust 
and Power lotlged and reposed in us and in our Suc- 
cessor, Councillor Elected by the said General Pro- 
prietore by the Original Concessions We fiave Consti- 
tnted and apiwinted, and by these pi-esents do Consti- 
tute and appoint Daniel Smith junior' of the City of 



Britain hy those acta grsnt their propertr wttbout their consent; that wars the 

rl^ht of ParllBincnl cwr ao clear, jet for obvluuB reAaana It would be beyoml the 
rules of equltjr that their coustttueola fthoulil be taxed on the nuLuufacturea of 
Oroai Drltoin. In tuldltlon to the tlntivK they [iny fur \hvtn in Kn^land. and othar 
advantOK'^ ariHiu^ to Qreat BritAin from thv Acta of Trado. 

in thlK circular It'rter It Ih alao stat^Ml that the Houae of Aaaembly bad, in an 
humble, dutiful nud loyal poUtion to Hia Majetitjr, ■ubmltted It to coniMeratlan 
wht*ther any people can be aald to eiijoy any de^^ree of freedom. If the Crown, in 
addition to Its iindoabtcd nilthoHly nf eouatltutlug a Ooventar, Htinuld nJao apftolnt 
him fnxch a litlpend an It ahall iudff** propi*r. without the consent of the people, and 
at their pxpenae; ntnl wIicUut, whiif tht' judKea of Ibo l&ud, and nthorclvtl offlcfra 
In the Province, bold not their coiunuiutloua durfni; good behavior, their having 
•alorlen appointed by the Oivwn, Indepcmlfnt of the people, hath not n tendetncy 
to RUbvert the prlnufplea of nqult^r and endanger tbe happtneaa and aecurity of the 
subject. 

Tbe circular Furtbor ouuea that the Aasuinbly luul In a IrHtttr to their Airent In 
England dlr«ct«H] hhu to lay before the mlnlnr^' the bardnlilp of tbe act for pi«* 
▼enttng mutiny and desertion, which requln-n Lhi* (Jovcmor and Council to provide 
entunemted artlcleti for the Kln^'tt morchltijr troD|M, and the people lo pay the foc- 
penae. and abo ihi> commlitaiou appointing CommlofeloDent of the Cuatomi to ratlda 
In Ainerfca, which aatboriscB Ihein in make as many aitpulntintinta aK th(*y think Qt, 
ami lo pay tbe oppototMa wbot auma they pleuac, fur whose mal-eonduct they an 
not ocicouiitable, from whence li miiy hapiK'n uuit ufflceni of the i.'rown may be 
mulUj^led tn Ruch a dtfint'i* as In tutcome dangfrouB to the liberUea uf tin- fM*ople, 
by virtue of a coBuniadon whkb doth not appear to the llouse to derive any «uch 
odnjitagea to trade, as laauy have beoo ted to ezpoot. 

Tbe droolor coooliulea with an eopre oal im of the Honoe la " their flmi conAdenoo 
in the King, ouroonuDon head and fatiter, that the united and dudful foippUca. 
ttona of hia difttreaaed American aubfecte wlU meet with IUm ruyal and ravni-mt>h) 
oooeplonce." 

Buch i» ibt; circular which Lord lUllaborougb denounoes as « " sedliu^us paper," 
declaring 11 to be the doty of the OovemorB of ttw ProvlnoeH to prevent any pn>- 
ceedings upon H. 

' Dakiei. Bmni, Jn., waa the second son of Robert Smith, of Burlington : be 
called hlm'telf "Junior*' duriugtbe life lime of his unclt?. Daniel Smith. "He wa« 
a man of vxti-n^lvt* ruudint;, gentle, affectiouate and rellgloua In hia dlapoaltlon. but 
by no meoua devoid of energy. On tlie contrary, ttelng choeien to tlie office of 
Surveyor-Ueoeral, he HUtMl (t man}' ycon with great ability. Ue waa a real oatrnte 
lawyLToiul ouiivnyouit'r li> pnifi'ieiUjii, ami onjuplod during hb life, tlH* Vt*nt>rablt* 



ADMIHISTRATION or OOVBRNOR VRAtTKU'S. 

Burlington Gentn. our Surveyor General of the Lands 
in the Western Division of the said Colony, ^vingand 
hereby granting unto him the said Daniel Smith full 
Power and Authority to do and i)erform all and every 
Duty and Duties Uy the said Office iK^longing by him- 
self or his lawful! Deputies, recommended by us or our 
Successors in Council: and to take and receive all such 
Fees Profits and Advantages as to the said Office do 
and shall hereafter appertain or of light ought to belong 
to have and to hold the said Office of Surveyor Gteneral 
of the Lands of the said Western Division of the Colony 
of New Jei*8ey to him the said Daniel Smith for and 
during the Term of three years next ensuing In testi- 
mtyny whereof We have hereunto set our Hands and 
caused the Sail of tlie Proprietors of said Division to 
be Iiereunto Affixed this fourth day of May in the 
Eighth year of the Reign of King George the third 
Annoq. Domini One thousand seven hundretl and 
sixty eight ITOS. Abrra. Hevvlings Vice Prst. : Jolin 
Monrow: Jno. Hinchraan : Daniel Ellis: Wm. How- 
lings; Recorded 2.sth 3iay 1768. 

Endoj'sed. Memorandum on the Slst Mav 170S 
Daniel Smith Junr. in the within Commission named 
apjieared before me Charles Reatl Esq. thereto duly 
authorized and ttx^k the Qualifications and made and 
subscribed the declarations enjoined by Law. and au 
Affirmation for the true and Tmi;>artiiil Execution of 
the within Commission. 

Chas. Read. 



nmoaion ml BnMul and Mntn stroots (BurllnxtonK built bjr bis em&dfotber, Duilel 
Smith, of Bnunhatn, antl In wbleh bJH rathiTnml bin kUXc^I iiorlo ha'l aliHi refildod 
flomv of btH Tprses. stfll remalulriK. show a K"<it>inf*- ibrMieb unprt'U*ti(Une, Twin of 
pwitry, whllr bi hia pror<>fftli)n uf rral estJiU* law hi; left hla uuuk vt^ry dbttinoMy 
upou the bbnoiT of the land-UUvs of IUb county.'*— 7^ Smiths of BwrlimatoH, a 
J^muilg HiMtorp, Philulelplila, 1877. 1!T.-| W N.| 



18 



AIiMINISTItATIOX OF OOVERNOK PRAXKLIX. 



(17r.H 



Address and Petit iou of the Assembly of New Jersey 
to thi! King, prayimj retuf from Arts of Pnrlin- 
mrut imjioshig a duty (m them for the pnrjtosc of 
raisiutj (i revvuue, 

iVrom P. R. O. AUM^fica oud Wo«t Indleg, Vol. 178 (1B1).) 

Most Gracious Sovereign, 

We your Majesty's loyal Subjects, the Representa- 
tives of j'our Colony of New Jersey, confiding in your 
Majesty's ixitemal Affection for your People, humbly 
implore PermisHioii to apprttach the Throne, and to 
present our Supplications in Behalf of ourselves and 
our Constituents, your Majesty's faithful and afYlieted 
Hubjocts. 

Before that happy Period, in which the Empire of 
the Bi*itish Dominions was by the favour of Divine 
Providence, for the Felicity of those Dominions, and 
of Europ<i in general, established in your illustnous 
House, our Ancestors with the Consent of the Crown 
removed fi"om their native Land, then abonmling in 
all Blessings, but that perfect Secmity of LibiTty, and 
that niei*ciful Spii'it of Administration, which i-endeiB 
your i-oyal Family so justly dear to your i^emotiwt Sub- 
jects ventured with their helpless Relatives thmugh a 
vast Ocean, and tnist^l themselves with their tender 
Companions to the inhospitable and unknown Wilder- 
neas of this new World, the Horrors of which no Con- 
sideration could render tolerable, but the Prospect of 
enjoying lion.' that complete Fi*eedora, which Britons 
never thought could be puivlia.sed at loo grvat a Price. 

The Sulijet^t-s thus emigrating, brought with them 
as inhenMit in their Pei-sons all the Rights and Liber- 
ties of Natuiul born Subjects within the Paivut State, 



I 




7r,8] ADHIWISTRATIOTf Olf OOVBBWOH PRANKLnf. 

In Consequence of these a Government was formed, 
Under which they have been as constantly exennsed 
and enjoyed by tlie Inhabitants, and i-ei>eatedly and 
solemnly recognized and confirmed, by your royal 
Predecessors and tlie Legislature of Great Britain. 

One of these Rights and Liberties, vested in the 
People of this Colony, is the Pn vilerlge of being exempt 
from any Taxation, but such as is imposed on them l)y 
themselves or by their Itepresentiitives, and this they 
esteem so invaluable, that they are fully persuaded, 
no other can exist without it. 

Your Majesty's signal Distinction Is, that you reign 
over freemen; and your peculiar Glory, that you reign 
in such a Manner, that your Subjects, the disposers of 
their own property, are ready and wilhng whenever 
your Service calls upon them, with their Lives and 
Fortimos to assert your Cause. 

Your People of this Colony, who share in the Bless- 
ings tiowitig from your \VL3<lom and Virtue, most 
gratefully sensible of their Obligations to so excellent 
a Prince, humbly hope, they never have Ix^en deficient 
in duely acknowledging them. Whenever it has been 
neceesary that Supplies should be levied within this 
CJolony, R*^quisitions l»y your Majesty or by your royal 
Predecessors conformable to the Rights and Liberties 
of this your People have been made, and by them 
loyally and liberally complied with. 

We Ijeseei^h your Majesty to do them the Justice to 
believe, that they can never fail on any futur-e OcKia- 
sion to demonstr-at-e their I>evotion to your Miijtisty, 
nor that thoy can resign without unuttei*ahlo shame 
and Grief, the Honour and Satisfaction of voluntarily 
and cheerfully expres.sing, in thestmngest Manner their 
Circuinstaiices will admit, their unfeigned affection to 
your Majesty's Person, their distinguished Duty to 
yoiu* Grovenimeut, and their inflexible Rt^^olution to 
maintain your Authority, and defend your Dominions. 



30 



ADHIKISTRATION OF OOVEUNOU FRANKLIN. [1768 



PenetratoJ.with these Sentiments, this your People 
with the Utiuortt Concern ami Anxiety ohserve, that 
Duties have l)een lately imposed on tbem by Parlia- 
ment, for the sole and express Purpose of mising a 
Revenue, This is a Taxation upon them, from which 
they conceive they ought to be protected by that 
acknowledged Principle of the Constitution. That 
Fi-eemen cannot be legally taxwl but by themselves or 
by their Representatives; and tliat they are represent^ed 
in Parliament, they not only cannot allow, but are 
convinced, that from their local Circumstances they 
never can be. 

Very far is it from our Intention to deny our Subor- 
dination to that augnst Body, or our Depeudance on 
the Kingdom of Great Britain. In these Connexions 
and in the Settlements of our Liberties under the 
auRi>icioiis Influence of your royal House, We know 
that our Happiness consists and theivfore to cotifirm 
those Connexions and to strengthen this Settlement. 
is at once our Int-erest, Duty, and Delight, Nor do 
We J4)pi'ehend, that it hes within our Power, by any 
Means more effectually to promote these gi-eat Pur- 
|>osea, than by zealously striving to preserve in Perfect 
Vigor tliose saci-ed Rights and Liberties, under the 
inspiriting Sanction of which, inconceivable Difficul- 
ties and Dangers oppasing, this Colony has been iva- 
cueil from the rude state of Nature, converted into a 
IKipulous nourishing and valujible Territory and has 
contribute*! in a very considerable Degree to the Wel- 
fare of Great Britain. 

Most Gracious Sovereign, 

The Incessant Exertion of your truly royal cares, to 
procure your People a Prosperity espial to your Ijove 
of them, encourages Us with all Humility to pray, 
that your Majesty's Clemency will be gniciously 
plea;sed, to take into Consideration our unhappy Uir- 



S8] ADMINISTRATION OK GOVEUXOR FRANKLIK. 



'^1 



cunistanees, and to afford us such Roliof as yoiu* Maj- 
esty's Wisdom sliaD judge to be most pi-oper. 
By order of the Hou8« 
CoRTLAXDT Sktnnkk SiH'akor 
House of Assembly of New Jensey May *»^> ITIpS. 



Lettr.r from tha Sjmiker of the. House of Burgesses in 
Virtjinia in the Speaker of (he House of Rejire- 
senfafives in New Jersey, chilling upon the House 
to join the Union in order to take ste^JS to assert 
their constitutional Liberty. 

[rrtsm F. a O. Axueric* A West IwIIub. Vol. IT-I (lOOl 

ViKOiNiA, May l»H', 17ft8. 

The House of Bui^esaea of this Colony liaving very 
Attentively G<^!i8idcred several late Acts of the British 
Parliametit, and being of Opinion that they Manifestly 
tend to Deprive the Inhabitants of the Colonys of 
their essential Bights and privileges, have thought it 
their Duty as Rei)n:^sentative8 of a free iM*f)plo to fcako 
Every Regular Step to assei*t that Constitutional Lib- 
erty on the Destruction of Which those laws seem to 
bo Erected. 

They have therefore thought proper to repitsseut 
tliat they are sensible of the Happyness & Securyty 

ey Deriv(^ from their Connexions with & Depnnd- 

ce on Great Brittain and ai-e under the Gi^'atest 
Concern that any unlucky Incident should interrupt 
that Salutary hannony, which they wish Ever to sub- 
sist. They Lament that the remoteness of their Situ 
ation often exposes them to such niisi'epresentations 
as are apt [to | involve them in Censurcs of Disloyalty to 
their Sovereign and the want of a proper respect to 



K 




AOMINISTRATIOK OF OOVERNOR FRANKLIN. 



[1708 



the Biitish parliament. Whereas they have Indulged 
thoraselves in the aprroeable perswasion that they 
ought to 1)6 Gonaiderecl as inferior to none of their fel- 
low subjects in loyalty & affection. 

That they Do not affect an iiidependancy of their 
parent Kingdom the prosperity of which they are 
bound to the utmost of their abilities to i)romoto but 
Cheerfully acquiesc-e in tlie Authority of Parliament 
to make laws for preserving a necessary Dependance & 
for Regulating tlie trade of the Colonys Yet they Can- 
not Conceive and humbly insist it is not essential to 
support a pro()er Relation between a mother Country 
& Colonies transplanted from her, that She Should 
have a right to Raise Money from them Without their 
Consent, and presume they Do not aspire to more than 
the Natuiul Rights of British Subjects when they as- 
sert that no pK»wer on Earth has a riglit to impose taxes 
on the people or to take the Smallest portion of their 
propertys without theii* Consent given by their repre- 
sentatives in Parliament. This has ever been Consid- 
ered as the Chief Pillar of the Ct^nstitution, With- 
out this Support no Man Can be said to have the 
least Shadow of liberty since they can have no proi>- 
erty in tliat which another can by right take from 
them when he pleases without their Consent. That 
their Ancest^jrs brought over with them entire & 
tranwmitl^^l to their Dost^ndajits the Natural and Con- 
stitutional rights they had enjoyed in theu* native 
Country, ami tbe fiist principles of the British Consti- 
tution wen? early engi^afted into the Constitution of 
the Colonitfs Hence a legislative authority esseutial in 
all free states was Derived and assimilated as nearly 
as might Ir* to that in England tlu^exci^utive power & 
the Right of assenting or Dissenting to all laws Re- 
sorvtHl to the Crown & the j)rivileg08 of Choosing 
their own Koprosentntives (^mtinuixl to the i>eop!e & 
Confirmed to them by ivptuited and Express Stipula- 



176S] ADMI^a8TRATI0N OP OOVEIlXOtt FBANKLIN. 



liB 



tions. The Govemniout thus establishod they Enjoyed 
the fruit of their owu Labour with a senmity which 
Liberty only can Impart, Upon pressing Occasions 
tliey Applyed to Jiis Majesty for rehef & Gratefully 
acknowledge they have frequently received it fi-om 
their mother Country; whenever their avSsistance was 
Necessary Requisitions Have constantly Been made 
from the Crown to the Representatives of the people 
who have Complied witJi thenx to the utmost extent of 
their abilities. The ample Provision made for the 
sup|K)rt of the civil Government in the reign of Kiug 
Charles the Second & at his itKiuest & tlie large Sup- 
plies voted During the Last War upon i-equisitions from 
his Majesty tfc his royal .Gnmdfather affonl Eiirly & 
late instances of the DisiK>sition of the Assemblies of 
this Colony & are Sufficient proofs that the parlia- 
ment of Great Brittain Did not till lately Assume a 
power of imposing taxes on the people for the purpose 
of Raising a i-evinue. To say that the Commims of 
Great Brittain liave a right to Impose [nternal Taxes 
on the Inhabitants of the Continent who are not and 
Cannot be Represented is in Effect to l>id them prepare 
for a iState of Slaveiy what must be their Situation 
Should such a right be established? 

The Colonies have no Constitutional check on their 
liberty in Giving away their money Cannot have an 
oppertunity of Ex|)laining their grievances or jK)inting 
out the Easiest method of taxation; for their Doom 
will Generally he Determined Before they are ac- 
quainted that the subject has Been agitated in parha- 
mcnt and the Commons Bear no proportion of the 
taxes they Lay upon them. The notion of a virtual 
repn»«entatit»n which would render all our Rights 
merely ideal has been so often & so Clearly refuted 
that nothing need be said on that head. The oppres- J 
sive stamp Act Confesse<lly imposed Internal taxes/ 
and the late acts of Parliament giving & granting cer-1 



AMmnmATunr or 



rsAjncxts. 




/IMD Dvlitt in the IwilfahCblooieB plainly tend to the 
laanopoiBfe. Ditties fasve Been inqMiaad to 
the OooiBMroBof ooe part of tba Empire thai 
likMy to pruv« iujarious to aDother & by these means 
the WfiUCare of the whole promoted But Daties Im- 
posed OD such of the British exports as are neces- 
flsrys of life to be pak) bj the GokmistB oo Importa- 
tion witlioat any View to the Interest of Commerce 
bat merely to raise a revenue or in other words to 
CVmipel the CokniistB to part with their money against 
their loclinatininfi they Conciere to be a tax internal to 
all Intoots A: \Hir[KK^eA. And can it be tltought just 
or reasooablc rL^trictul as they are in their trade Con- 
ftned SK they aru in thidr Ex|N>rt« ol>lige«l to pnrrhase 
tbeMe vf^ry neeessarieH at tla- British Market that they 
MhiMi'd now lie told tliey shaU not have them without 
|iayin4< a Duty for them. 

/ Hw Aft suspending the [jeplslative power of New 
vYork lh»*y o<iiiwi(Kir i\» still iiioix* idurming to the Col- 
onies tho' it tias that single province in View. If the 
IMrliamHnt Can < 'onifn*! them U> famish a Single Aili- 
cle to the trrwps sent over they may by the same nile 
f oblige them to furnish Cloaths Arms & Every other 
mvA-HKary even tin* pay th*» Oftirers & Soldiers a Doc- 
trine replete with Eveiy mischief *fe Utterly Subvor- 
Hive of all thatB Dnar Sc Vjiluable for what advantage 
r^n tliM |x*(ipli! of tho C?oloiiit« Derive from their Right 
of i'liooning th^nr own Iteprtwientatives if those Kepre- 
HentntivoH wht*n Chosen not permitted to ExeivLse 
their own Judgments, were under a necessaty (on pain 
of Ix'ing Dfprivod of their Lcgialativi^ authority) of 
infnrring the ManduU^s of a British parliament * * 
Tliirt Sir i» a sketch of their Sentiments as they are 
ExjiwmmimI in a potition to his Majesty, a memorial 
t'O tho Highl IIiuuHU'able the Lordn Spiritual and tem- 
[H*ral in parliament assembled in a Rumonstrance to 
the Ruiglits Citi^eua & Bui^^Oissfis of Great Brittzdn iii 



I 



I 



nfi8] 



ADMINISTKATION OF OOVEIENOtt FHANKUK. 



Parliament assembled; In all these Pix)ceedings the 
Council of this Colony have Conceived & have Directed 
their Agent James Abercrombie Esq' to join Edward 
Montague Esq' the agent for his Colony in applying 
for redress of the Grievances thoy so Justly Complain 
of; Coppies were Delivered to the pn^sident w^ho is 
Desired to transmitt them to the Seci-etary of State 
appointed by his Majesty to mamige the affairs of 
North iVmerica and M*^ Montague is enjoined to Con- 
sult the Agents of the other Colonies & to Cooperate 
with them in Every measure tliat shall l>e thought 
Necessary on tliis Delicate point. This House hope 
tiiey liave Expressed Themselves on this Oct':asiun 
with a ffirmness that Becomes free men pleading for 
fundamental rights & with a Decency that will Ex- 
empt tliem from any Imputation of faction or Disloy- 
alty; They have made known tiieir proceedings on 
this subject with a view that the Representativea of 
your province being acquainted with them may go 
hand in hand in their opposition to measures which 
they think have an immediati^ tendency to inslavo 
them & are pei'swaded the Candour of your respecta- 
ble House ^vill Consider it in no other light; Tliey ai*e 
not without hopes that by a hearty union of the Col- 
onies the Constitution may be a^ain establislR*<l on its 
own gsnuiue principles an End Equally to be Desii-od 
b«jth by the Mother Country A her Colonies. 

In the name & by order of the House of Burgesses, 
I am with the greatest ivs})oct 

Your most ol»e<lit'nt hum'.' Serv^ 

Peyix)N Eandolph, SjH-'aker, 



APHfinRRATIOK OP GOVERNOR FRANKUV. [1768 



llepit^f^Htiition fnttn the fiiMtrti of Trtide (o the King, 
recomtwudiity ffte repeat of an Act to appoint 
Commis,shuers far supplying tfie several Bar- 
flicks, ate. 

(From P. K. O.. B. T . New Jenny, Vol. 17. p. dOtt. 1 

Whitehalu June 10, ITCiS. 
To the KingB most Excellent Majesty. 

May it please your Majesty^ 

Amongst the Laws passed in >our Majesty's Colony 
of New Jersey in June 17«U, intituled, 

" An Act to appoint Commissioners for supplying 
" the several Barracks ei-ected in the Colony of New 
'* Jeniey with Furniture and otiier Nwessiiry's for 
" accominoflating the King's Troops in, or marching 
** thro' the same, for supplying Deficiencies, and De- 
** flaying other incidental Chai-ges.'' Whei-eupon we 
heg leAve humbly to represent. 

That by an Act of Parliament passetl in the fifth 
year of your Majesty's Reign, ''for amending the 
** Mutiny Act, and for rendering it moi-e effectual in 
'*yoar Majesty's l^ominitms in America;" vaiious 
Regulations and Directions are laid down relative to 
the <iuartering your Majesty's Troops in the Colonies, 
tbe nKxie [wnnted out in wbi(;h that Service is to bo 
provided for, and the Articles enumerated of which 
tht>se supplies are to consist. In the provincial Law 
mtw stdimitted to your Majesty, the nomination of the 
Commissioners for furnishing and supplying the Bar- 
racks in your Majesty's Colony of New Jersey is made 
the Act of the general fjogislaturc, de\'iating thereby 
from the directions of the Act of Parliament, wliich 
empowci-s the Governor and Council to authorize and 



1768] ADMIXTSTIIATION OP OOVEBNOB FRAKKLIN. 



27 



appoint those Coniniissionors, and upon neglect or 
refusal of such (Toveraor and Council vests that nom- 
ination and appi^intment in any two or more Justices 
of the Peace, residing in or near such place, where 
your Majesty's Troops shall bo quartered. 

Another Pi-ovision, wherein this I^aw appears to us 
not strictly coraforraable to the Act of Parliament, is 
with respect to tlie Articles wherewith it is directed 
that youi* Majesty's Troops shall be supplied; These 
are particularly enumerated in the Act of Parliament, 
and, are as follows, viz. Fire, Candles Vinegar, and 
Salt, Beding, Utensils for di^essiug their Victuals, and 
small Beer or Cyder, (not exceeding five Pints) or half 
a Pint of Rum mixed with a Quart of water to each 
Man; The Provincial Law does not recite the above 
particulars as enumerated in the Act of Parliament, 
but directs only that your Majosty*s Troops shall be 
provided with Fire, Wood Bedding Blankets and other 
necessaries which have been heretofore usually fur- 
nished to the several Barmcks in this Colony; And by 
a sepiirate Clause fnithor enacts that they shall be pi*o- 
vided witli Vinegar and suwll Beer the latter of which 
is limited to a less Qujintity for each Man per Day than 
is prescribe<l by the Act of Parliament. 

There is another Claiise likewise, which provides 
that the Money thereby given shall not be applied to 
purchasing Xecessaries for more than one Regiment in 
the Colony at any one time except during the time of 
relieving the Regiment quaitei-ed therein. 

For these Reasons we do now, (as wo did in the Case 
of a 1j3W of the like nature passed in this Colony in 
the year 1700.) find oui'selvcs under the repeated neces- 
sity of Laying the al)0ve Act before yoiu- Majesty for 
your Royal Disallowance. 

Which is most humbly submitted. 

Ct.akk. Hoame Jknvxs. • 

W", FiTZHERBERT. TflOf RoBINSON. 



28 



AUMINIHTKATION OF GOVERNOR FRANKLIN, 



[1768 



Oovemnr FiankUu to C'harhs Rntid^The Ca.*ie of 
John Wilkes — Bi'HJaniiu Franklins Accounts, 

[From Um mh^uaX unomc the Mfi6. of WiUJaai Nelson. | 

BuRiJNOTON June 13, ITGS. 
Dear Sir 

I I'ecoiv'd your Favour by M*^ Smith for which 1 am 
much oblig-d to you. 

The Packet is arriv'd, but haa brought no cxtmordi- 
nary News. By a Letter from Lord H.' I find that the 
Ministry greatly resent the circular Letter sent by the 
Speaker of Massachussets Ass? to the several Speakers 
on the Continent. — Wilkes' surrendei-ed liimself to the 
Court of K. Bench at Westminster, but the Court deter- 
mined that they could not take Cognizance of his Out- 
lawry, as it did not come i-egularly I>efore them, a 
Writ of Capias Utla^/atnm not being issued, nor had 
he surrendered himself to the Sheriff. But it is after- 
wards mentioned in the Papere that the aboveraenf? 
Writ has been since sei-vM ujwn him, & the Legality 
of liis Outlawry would l)e soon detennin'd.—Tliis is all 
the News of any Consequence in the Papers. 

My Father has, 1 suppo.se, left England by this 
Time. — He writes me that he has lately rec*^ Nine 
Founds 108 & 9*? being the Ballance of Mr. SherwoodV 



' Lonl HilbthorouKti. TTie nireraace la doubtlcM to tlw circular letter of April 21 . 

■ The nuiorioitn J<itiu WIlkM, niioso arreot for Ub«lon a K'Ut^ral warraut, April 
DO. ITtS, and his nubiuKiiunt nududty lit defying the ofDceini of the (*ro«'n, tlie 
i^arta anil Parllauvut. by all uf whom ho woa iiDduly pcnscKiulod. In the new of 
the people <thc Oov(?rnmeot speDflln^ flOO.tWO in prosecutiog him), mwlo him a 
hem in the oyvn of a London mob, wt th.tt In 1704, althougli an enforLtHl exilo, hu 
waa nearly elected to PArllameat for LoimIou. aud direcUy after waA aetiinlly 
chown for Mlddlt-^t-x, rrnsentluK hiiii.snif bt-fun- the Court uf Kind's Bi'uch nu hia 
outlawry, the (.'ourt tried to evade the quevtiou. IntlmlilattHl, It waa thouxht, by tlie 
raob, but he waa preaently ooaunitted oo a capiiu utlaQutum >a writ of nut' 
Uwry). wan mwued by the mob, again aiirrenderetl himwlf and had hl^ outlawry 
reserved, but was wiKenred to twenty-two uiuntlut' imprinmineJit aiul £1,000 Aae.— 
Ma^'t ConMtitutioruii ISiai. England, Chaptora vil. xl; Worka of Bvnjarnin FraiJ^ 
lin. by Jared Sporlni. Boaton. ItMO, VU., 400. 408. •11S.-[W. N. |. 

) Joeapli Hlwrwood, New Jersey's Provtodal Asent In BncUuKl. 



t7Bd] ADVIKTSTRATION OP OOTERMOR BRANKUN. $9 

Acc^ with you, which he desires me to pay you: you 
will theivfore charge me with that Sum. The Acc^ is 
ennlosM. I should l>e gUui to have your Acc^ with me 
settled afl soon as you conveniently can. 
I am, with much Esteem, 

Dear Sii', Yoiu' most obed^ Serv* 
W? Frankijn. 

[Addressed: "To Tlie Hon"' Charles Road, Rs(]r^' 
Endowed in another Iiand: " Governor Fmnklin Oitl^ 
my Father to Charge him £rt:l):4.''] 

[Enclosure;] 

Benjo. Kranklyii Bmir. cm account of CharVs RinkI wHh Jos: Rlionvoocl. 



Db. 

I7V7, To Bfll for Biit(lne«8f1(ine 

To ittillitit<i> (ln<< Ui II. 

Fnuihlyn - . - - 



Cr. 

17B7. By 0»Bti nwlvml 30 



Ijetter from Governor Franklin to Secretan/ Hills- 
lioroiujK gwinrj an arcnnnt of the mnvufac- 
inrt*^^ prodtiet and trade of New Jersey,' 

IPnim P. R. O. Amerlna and West Iwliefi, Vol. 17», (tPl).] 

Tlie Ri^ht Hou*'^ the Eaa-l of Hill>ilx>n)u^h. 

BuRUNGTON, New Jersey, June 14th, ITf>s. 
My Ijtrd^ 

Your Lordsliips Letter. N. rt. enclosing a Duj^Iicate 
of the Address to His Majesty from the House of 
Commons of the 27^?" of March 1700 I have had the 



* Writintt ca his son, the OoTomor. andar il&te of Starch 14. IttM. Benjamin 
Prankllii fia>ii; " Mr. On-Dvillii crompliiituHl tn Uit* Bi>uki-, thnt the tltivfrnoni (if 
N«w Jerary. Now Hampahire, East ami West Ftorftla. LiaJ num^ of thciii obr^yrd the 
<irderv t*ent UiHin, to ^ve an acconnt of the Mannfat'tiinw canHcul nn In llii-lr n*- 
vppctjrt? (iit)vinr<.-K. Upon htmrlnj; IhLi, I wi^iil. ii|i ofU'r t)ii> Hnutk> wok up, oiitl g^l 
a alicbf of th<> n>p'>rtji mailo liy the oiht-r Uovt^moi-H. Tli^y arv all inudi in i\\k' aaine 
■InUn, thni Ihrn- art* nn inariiirni'Lunfx nf ftiiy rfni«r<|iii'nri'. • • • Thiiii* 
a«Xfuni« %tv veo' Mllsfacton' here, and induct^ thp I'orllanmnt to ilrt^bu* aitfl tnko 




30 



ADUINISTRATIOK OF OOVEEKOK PBANKLLN. 



[1708 



Honor to receive. The Lords Commissioners for 
Trade & Plantations did, as your Lonlship mentions, 
transmit to me a Copy of that Address, which I re- 
ceived in Dec"^ 17<t*l; and it appeal's, by my Letter 
Book, that in January 17t>7 1 sent their Lordships an 
Account of the Manufactures of this Colony, and at 
the same Time sent the like Account to M' Lowndes 
Becretai-y to the Treasury. ' The Occasion uf ray Sending 
it to the latter was, my having apprehended that in a 
Letter I had received from him, and which was then 
mislaid, he had signitieii that the Lords Commission- 
ers of His Majesty^s Ti'easury likewise required such 
an Account to be transmitted to them: But this I 
afterwards found to be a Mistake. 

As to the Manufactures in this Colony, I can assure 
yom* Lordship, that there are none either of woolen or 
Linen which deserve to be calFd by that Name, It is 
true that many Fatnilies who live on Farms make 
some coarse Cloathing for themselves or Servants, but 
it is by no means sufficient for their Consumption. 
And tho' a considerable Number of People have, since 
the Affair of the Stamp Act, gone more into the 
Raising of Sheep than before, and have puflTM away in 
the News PaiM^i-s of wliat great Matten? they had ilone 
in that Way, yet it ap|>eared by an exact Return of 
the several Species of Property, such as Horses, Cat- 



no uutlvc of the Bo«toD rB«oluU«>us. 1 wiMh you wculd WDd your account before 
tbe meHloKof the ni'xt ParllAtneDl. You I ia re only to report a Olass lioiuu* for 
coanae window glaiu and bottles, and stmii* domestic numuCoctuivA of llni*n and 
wouk-ii for flunJlyufM^. iliAt do not half clothe iho inlmlillanTA. all iJiu fln<«r ifooda 
I'omlni; rram BngJand and ttie like. I Mipvi* you uill )>o puz^Ji-d tu find any other, 
tboiM(ll I flee in«a( puffi in the iMp^r*."—\Vork* 0/ Brnjuiniit fVattUiH.\'ll,SKL 
TI1B Klatw house rofeirrcd to wah diiuhtJi-'w that i-xtalillKliiNl hr (.'njipar Wliitiir. In 
1799. on ADoway Cr««k, Salcni countr. and carriL>d on afUT his drAtli In \7Sii. by hfH 
snn, Rlfhard. until 1781, and fur some tlmt* thrn-aftorhy the Intti^r's Hou.John 
Wistar. ViflitnrM uiunl to)ourue; nuuty nillHB to8«H> tht> ran* and fnt4^rt«liitr idKhi 
of a Khtas factory—/^, if, Acton, in J\tiH. Hint. Muyathu; for Oclolwr, KM, ^44. 
Thf? Inroniiatlon dpslmt by Mr. On.»nvlllc lind bi'cn iudcr<«l for by Ihe Lord^ of Tragic 
Ui a dbi^tdi uf Auftifit 1. 1700. lY. J. Arthivft. IX.. fi(i».-|W. NJ 

t NidtlitT of Lluw*' ntpurtji hju bnrii found. 



1768] ADMINISTRATION OF nOVERNOR FRANKLIN. 31 

tie. Sheep, &c. which was laid before the Assembly in 
A|»nl last, that there were not Thi*ee Pounds of Wool 
for every House even in those Counties which had 
gone most into the Raisinp: of Sheep. So that when 
the Numbers that each Family consists of is consid- 
ered, it is evident that there is not Wool enough pro- 
duced to supply the Inhabitants with Stockings. 

There are m this Colony ECight Blast Furnaces for 
the making o^ Pig-Irou, and Forty-two Forges for 
beating out Bar-Iron. Thoiv are likewise One Slitting- 
Mill. One Steel-Furnace, and one Plating-Mill, which 
were erected liefoi-e the Act of ParUament respecting 
thoBe Works. I am told that none of the three latter 
are carried on with Vigor, and that scarce anything 
has been done at the Stoel-Furnace for several Years 
past. 

A Glass House was erected about Twenty Years 
ago in Salem County, which makes Bottles, and a very 
coarse Green Glass for Windows, used only in some 
of th« Houses of the poorer Sort of People, The 
i'rofits made by this Work have not hitherto been 
sufficient it seems ti) induce any Persons to set up 
raoie of the like kind in this Colony; but since the late 
Act of Parliament laying a Duty on Glass exported 
to the Colonies, there has been a Talk of erecting 
othei-s, but T cannot leani that any are yet lK»gun. It 
seems probable that, notwithstanding the Duty, Fine 
Glass can still be imported into America cheai)er than 
it can be made there. Nothing but Grain and Lum- 
ber. Pig and Bar Iron are niaiuifactuied here for 
Exi>oitation. Great Pail of the two last aiv sent to 
Britain. 

All the finer kind ctf Goods consumed here ai-e im- 
ported fi-ora Great Britain (except sonxQ Linen from 
Ireland) into the Ports of New York or Philadeljihia. 
Them are indetKl but few articles hut what may now 
be imported and sold cheaper than they can Ik* manu- 
factui'etl here, owing to the high Piice of Labour, 



3Ji ADKINISTRATION OP OOYBRNOB FRA.NKLIK. 

Some Persons, indeed, ont of a Zeal for what they 
conceive to be for the good of their Countiy, have 
ever since the Commencement of the late Differences 
between the Motlier Conntry and the Colonies, jjer- 
sGvered in wealing and encouraging their own Manu- 
factui'es, tho' to their manifest Loss in many C^asi'S. 
How long this Temper may continue is uncertain, but 
in my Opinion, the Mother Country has very little to 
appi*ehend from any Manufactures in the Colonies, 
while there continues to be Plenty of Land for the 
People to settle on a« Fanners, more especially if they 
were at the same Time allowed a moderate Quantity of 
Paj^er Ciui"ency to be issued on Loan as formerly. 
This, as Experience has evinced, would contnbute 
more to the promoting of new Settlements, and the 
Consumption of British Manufat^tiires, tlian any other 
Expeiliont whatever. 
I have the Honor to be, with the gi'eatest Re8|)ect, 
My Lord, Your Loixlship's 

most obedient, & most humble Servant 

W^ FR.VXKLIN 



Prom GoiK'nior Ffanklin io Svcreim^ HtllsltoroHgh, 
lelntivc Ui the New Jtrsv.y Act o/ IT<»7, /fT qnar- 
iering the troops. 

[Prom p. R C. Amertoii aoil Wmi. Indtes, V»L ITS (IBIVJ 

Burlington, New Jersey, June 14H', ITOS. 
Tho R* Hon*"^' E. of HiUsborough. 

Mf/ Lord^ 

I was lat<^Iy honoi\>d with your Lonlship-s letter, N" 
4jnfornnng me that tho I*aw pa.^ixl bore in June, 1T*m, 
for making Provision for (juartrring His Majesty*s 
Troops, was then before the Lonls of Ti-ade for their 



1768] ADMiNisrrnATiON op oovbukob franklin. 



33 




Consideration. T have not yet heard whether their 
Lordships reported in its Favour or not. They will 
probably make the same objections to the Mode in 
which that Provision is made as they did to the foimer 
Act. But thei-e was no Possibility of having it altered 
in that Respect, and I was obliged at the last Sessions 
of Assembly either to consent to just such another Act 
for the current Year, or t<i let the King's lYoops be 
unprovided with the Necessaries required by Act of 
Pai-liament. The only Difference indeed is about the 
Mode, not the EssentiaLs, for the Assembly does not 
refuse to furnish the Troops with every Ai*ticle re- 
quired by the Act, but they insist on doing it in their 
own Manner, and as has beeu hcretot'oi-e customary in 
this Province. The Council, when the last Bill came 
lK?fore them, amended it so as to make it comformable 
in every respect to the Act of Parliament, but the 
House unanimously I'efused to admit the Amend- 
ments, and adhered to their Bill; so that the Council, 
rather than His Majesty's Troops sliould suffer, 
receded from their Amendments, and advised me to 
pass the Bill as it was tendered; which I acconiingly 
did, induced, as they were, by the Urgency of the 
Occasion. 

All the Acts j)assed at the last Session, held at Am- 
boy in April and May last, together with the Minutes 
of Council, are now Copying, and will be transmitted 
to your Lordship by the next Opportunity. The 
printed Minutes of the Assembly I send herewith. 

By Advice of the Coimcil, I dissolved the Assembly 
by Proclamation, soon atter the last Session, and 
issued Writs for a now Election, returnable the 25*1* 
of this Month. 

I have the Honour to be, with the greatest Respect, 
My Lord. Your Lordship^s 

most obedient & most humble Servant 

W^ Frankun 
3 



34 



ADMJXI8TRATI0N OF OOVKrcNOll PRANSUN. [l^OS 



fjcttt'r frtuH Oorvnior Frtnikh'n to iSecrethrt/ fTflfs- 
honnifjh^ relative to a letter fmm the Sp<'aker of 
the House of Rt^yrcscntaiiwa of Masaachnsetts 
Bat/. 

I Prom R a O.. America and Wc«t IndlM, Vat. ITS (IMI.) 

Bumj>*G'i*uN» June 1('>, 170s. 

The Right Hon'*"' the Earl of Hillsborough. 

il/y/ Lo?v/, 

I mil just honouixxl with your Loixlships Letter, N** 
0, <late<1 tlie Stst. of April hist, enclosing a Copy of a 
Letter from the Sp<5aker of the House of RepreHt^nta- 
tives of the Colony of Massachusets Bay, addressed to 
the Sj>eaker of the Assembly of Eatth Colony in North 
America. It never fell in my Way to see a Copy of 
that Letter befoi*e, nor did I know that such a Letter 
had been receiv'd by the Sj^eaker of tlie Assemhly of 
this Colony, till I saw it mentioned on their Minutes 
that such a I^etter had been laiil befoi-e the House, 
and that a Committee was appointed to prepare fSi 
lirinp; in a Dmft of a Lt»tter in Answer theivto. I 
then made Enquirj' concei-ning it. and learnt that it 
was not Ukely to have much Weight with the Assem- 
bly, And tho' a Committee was at tu-at appointed to 
answer the Letter, yet I cannot fijul that any such 
Answer waw ever sent, or even prepsui^d. The House^ 
however, agreed, tliat an humble, dutiful, & loyal 
Address to His Majesty, i-espin^ting tjie late Acts of 
Parliament imposing Duties on the Colonies, should 
be prepared and transmittU'd to Ihe Agent, to l>e pre- 
sented by him, which was accordingly done, as ap- 
|H\'ii*s by their Minutes; but I never saw it till tlie 
Minutes were printwl. On the whole, 1 have no i-ea- 
sou to beUeve that there is at present a Disposition in the 



17»;S] ADMINISTRATION OF OOVEHNOU FKANKMN. 



»5 



People of this Colony to enter into any unwarrantable 
Combination with the Massachusetts Assembly; I shall, 
however, not fail to be on my Guard, and use my 
utmost Endeavors to prevent any Thing which may 
iiave that Tendency. 
I urn with the gi-eatest Res])ect, 
My Lord, Your Loi-dship's 

most obedient <& most humble Servant 

W? Frantclin 



Circnlnr ijeiier fram the. Earl nf HillAhoronijh to the 
Gcvemors ijt Ajnericn,, dirfrtlifg them to trnnttmii 
their duplicates by the first opportunity that 
offers. 

IKram New York Colooial Dooume^nU, Vol. VIU. p. S3.) 

Whitkhall, July 11, 17*5s. 
Sir 

As I observe it frequently happens that intelligence 
of Public Transactions in the Colonies is receiveti by 
private Persons in this City long before any Official 
Communicjition of it comes tt» me, for his Majesty's 
Infomiation, I conceive this Inconvenience must arise 
in great measure from his Majesty's Governoi's not 
availing themselves of such casual Opportunities of 
Writing by private S\\i\y8 as frequently hapi)ens, but 
confining themselves to the Channel of the Packets 
only; for this reason I desire that you will for the fu- 
ture send your Disiiatches by the first opportunity 
that offers, and Duplicates of them by the next Packet, 
or in case the Piicket shall be the first Oppoi'tunity 
that otfoi-s, thi»n you will send your Duplicators by the 
Next private Conveyance. 

I am &c 

Hillsborough. 




36 



ADMINrSTRATIUK OF OOVBKKOR PRANKLtX. [I7fl( 



Letter /mm Gov. Franklin to Secretary HiUsborough^ 
relative to a tetter from the Sjteaker of the Mas 
chiisetts Bay. 

tProni p. R. O. AmeHcft ftml West Indteii, VoL 1^091).] 

BuRLiNOTON, July 11, 17*)( 

To the Right Hon**'*' the Earl of Hillsborough.' 

My IjotcU 

I a(X|iiaiuteil your Ltnilsliip in ray Letter N° 5, thafc 
I nould not then leani that the Assembly of this Prov- 
ince had sent any Answer to the Letter they h 
receivM fi-otn the Speaker of the Hous*^ of Represen 
tatives of the Colony of Massochusets Bay. I w 
induced to believe they had not> as I could find n 
account of such Transaction on their Minutes, and as 
I had not tlie least Intimation thereof from M' Skinner, 
the Speaker of the Assembly of New Jersey, who is Hi 
Majesty's Attorney General for this Province, and 
fi'om whom 1 had a Right to expect hiformation of all 
Matters of a new or extraordinary Nature, which 
might be agitated in the Assembly. But I have sin 
discovered that an Answer wa** wrote to the Massa 
chusets Letter on the 9"' of May, and tho* signed, 
it apiK^ai-s, by the Speaker ** in the Name and by Order 
of the House" yet no Notice whatever is taken of it 
on their Minutes; — A printed Copy of the Letter 1 send 
your Lordship herewith. —The Assembly of this 
Provinre have since dissolvVl, and a new one elected, 
in which there artr many new Membei"8. But I have 
no reason to believe that the last Assembly had any In- 
tentions of uniting farther with [that J of Massachuset's 
Bay thiUi in Petitioning his Majesty, nor have I any 
cause to ex|>ect that the present Assembly woultl ;ict 



ch . 
asH 




1768] ADMINIsraATION OF GaVEBNOR FRANKLIN. 37 

otherwise were they convenM, wliich, however, it is 
not intended tliey shall be till May next, unless His 
Majesty's Service or some Emei'goncy yhoiild make it 
necessary to call them top^ether before. 
_ I have the Honor to he, with the greatest Respect, 

^K My Lord,Youi' Lonlship's 

^^^H most obedient & most humble Servant 

^^^F WV Franklin 

^H P. S. I take the Freedom to enclose to your Lonlship 
^^ a paniphlett publinlrd in New York & repiinted at 
^^ Philad. — the author unknown 

I I 



Affidavit of Stephen Shhnier,' relative to (lie robbery 
of the East New Jeraetj TreasHrfj, 

{Ttom R. T. Col. Mas.. Tol. XCV., p. 40. lu tlie SUtfl Library At A]tNiny.| 

New Jersey, City of ) 
Perth Amboy, f ^'^^ 

Personally appoai-ed befoix? Frederick Smyth Esq. 
Chief Justice of the Province of New Jersey this 
twenty fifth Day of July in the year of our Lonl one 
Thousand Seven hundred and Sixty Eight, Stephen 
Skinner Eiiq. Treasurer of the Eastern Division of New 
Jersey, who being duly sworn deposcth and Saith that 
al)Out six o'clock on Friday Muniing tlie twenty stH^- 
ond Instant he was waked up by his Negro boy who 
told the Dei>onent that the OflRce Window was broke 



■ 8t«pheD SldniMr. Treamirer of the KaAtem Dtvfalon of New Jenej-. hAd his office 
•t IVrth Amtmy. It wnii broken open, an ahnvt* fttaUvl, ami ruftbml of £0,57(1, 9h 
Id to coiu aD<J bills. Them was a protxmct«d trrmnKlt^ over tho mativr l>etw«.*vo Ibe 
flon-mor anil the AaHpmbly, the Utter btxiy Imputing ni*KHiren«\ if nonortM*, to the 
Trtmtcarer, and tudnit tbi* ciroumatanoe aaaii ar^mrut fo favur ot vesting tbe np- 
polBiroenc in itie Aawmbly, wbich tha OoTerzior conc«Kk*d to them on tb« nwl^B- 
\kya i Frh. 2B, XT7i). of Mr. Sklnofr. TTip Tirasurr r hlnimil one Hamttr) Fon!. wlii> luid 
carried on an <>xt«n8lTe couDt«rfrltinir enterpriai; in Morrlff cotinty irftb brtn^ thi* 
robbar, but coiild oever faiiten the crime cWarljr on him. A dfinili^l itarrAiive of 
the aSUr. by Wm. A. \VbiU'hwuI. wilj Im- fnuml tn the N. J. Hik». Sue. Proc. for 
taptuuibui. inO: OantHbntlonti to Giut Jercer Ulstory, p. Ill ; Oordon'i Hl«t. K. J. , 
W\ 6e<tirwirk*8 Llrlni^Um, t»I rt; Diier's Life of U^n\ StlrlliiK. 07-101 ; " Eariy Uts- 
iarjot Morrif Coimty." hy Hev. Dr. J. F Tuttlf. iu Prw. N J. I»l«t. *>«.. May. 
]M* In which many Important facts are KlTen not etaewh*:r« puUlaked.— [W. H.] 



38 



AOMTKISTRATIOH OP OOVEBNOIl FQAKKUN. [1768 



open the Iron Chest opened and the Money taken out, 
and that tliis Deponents 8woi*d was <irawn and laid otti 
the tabic? in the Same Room, upon which this Depo- 
nent immediately went down the stairs, found the 
East Window of the same Roomoj)en and some marks 
of Violence on the Shutter, the Chest carried from its 
Plat* to the said Window and there opened \vith a>^^ 
Key that this Deponent hath never used, but always^l 
Kept locked up in a Private Drawer of a Desk that 
stood in the same Room, which Key was delivered to 
tliis Deponent by the Executors of Andrew Johnston 
Esq. the late Ti'easui'er some time after he received 
from them the Iron Chest aforesaid. That the Money 
in the said Chest amounted to about Seven Thousand 
eight Hundi-ed and fourteen Pounds, nine Shillings all 
in Paper Money except about seven Hundred Dollars 
in two Baggs. That the said Paper Money was the 
Remainder of a larger Sum this Deponent had bun- 
dled up Sometime in February Last, all whicli sai 
Paper Money was stolen & carried off, except one 
hundred and Seventy Pounds left in the said Client 
And further this Deponent saith that the said De 
which stood in the said Room as aforesjiid, was broke 
open and every Di-awer searched, that in the said Desk 
was about forty Poimds in ragged Money and five or 
six Half Johannes which were also Stolen And this 
Deponent further saith that the Key with | whichj he 
always ojK^ned tlie s;ud Chest was comitioaly and in the 
Night in which the Hohbeiy was conuniUeil locked upin 
an Esci-etoiiv in a hack Room : That the Bills Stolen are 
of different Denominations from six Pounds and under 
hut most of fifteen Shillings & upwai*ds signe<l by 
Richai'd Smith John Johnston and this Deponent, and 
are as this Deponent believes of the Emissions of One 
Thousand seven Hundi*ed & Sixty three and One 
Thousand Seven Hundn?d and Sixty four Excejit about 
five or Six Hundred Pounds of saiil Bills which had 
been curi-ent and were a little worn and bundled up in 





said Chest. That among the Bills left in the said Iron 
Chest aft^r the Rohbery aforesaid there was only one 
Bill of three Pounds the Remainder left of lower De- 
nominations and mostly small Bills. This Deiwjnent 
further saith that the Money stolen was hundled up 
twenty Bills in a Bundle and tied or Pinned round 
with a Piece of Paper and further this Deponent «xith 
that he keeps the Public Money in Sheets as delivered 
him by the Signers. That from these Sheets he the 
Deponent usually cut the Bills fi*om Time to Time and 
when 80 cut bundled the same up twenty in a bundle 
as aforesaid and for g;reater security hath always put 
the Money so biuid]e<l up in the said Iron Chest. Tliat 
the aaid money a.s aforesaid st<:>len was by this Depo- 
nent so put in the said Chest in Febniary last as afore- 
said. 

Stephen Skinnek. 
Sworn the 25th day of July 17*58. at Perth Amhoy, 
Before me 

Fee; Smyth. 



SEAL 



PrtM'iawftfiott of Goremor Moore, of New York, re- 
ijardiufj the Uohljery of the FJcist Jersey Treasury. 

rFrom N. Y. CuL MAS., VoLCV.. p. IH. In the State Ubmry at Albany.) 

t^'""'^"^* By his Excellency Sir Henry Moore 
Baronet Captain General and Gov- 
ernor in Chief in and over the 
♦^^-^ — •* Pi-ovince of New York and the 
Territoi'ies depending thereon in America, 
Chancellor and Vice Admiral of the same, 
A Proclamation. 

WHiereas it appears on Oath, that in the night of 
the twenty first day of July Ui»t, the House of Stephen 
Skinner Esq' Treasurer of tho Eastern Division of the 



40 



apministuatioh'of OOVEHNOK FUANKLIN. fl7*iS 



Prnvince of New Jersey, was broke open and upwards 
of Sevea thousand Pounds feloniously taken and car 
ried away from tlience, by some Pei-son or Persons 
unknown, part of the said money consisting of DoUai-a* 
a small part of Gold and the Residue chiefly of New 
Bills of Credit of the Colony of New Jersey. And 
Whereas his Excellency the Governor of that Pix)vince, 
hath requested that I would give Directions to the 
Civil Officeiis within this Government to use their en- 
deavors to discover and apprehend the Perpetrators of 
the said Felony, and for this purpose to exanime lUl 
Persons who fi'om the Possession of an unusual Sum 
of the Currency of the Colony of New Jersey, or other 
Circumstances, may be suspected of being concerned 
therein. I have therefoi-e thought fit, by and with the 
advice of Iiis Majesty's Council of this Province, to 
Notify the Prrjmlses by this t*roclaination, Hereby also 
strictly enjoining and requiring all Magistrates, Jus- 
tices of the Peace, Sherifs and other Officers within 
the same, diligently to exert themselves in order to 
discover the Perpetrator or Perpetrators of the Bur- 
glary and Felony aforesiiid, and if found, him or them 
to appix^hend and commit or cause to be appivhetided 
and committed to the next Jail, there to remain to be 
dealt with accoixling to Law. 

Given under my Hand and Seal at Arms at Fort 
Geoi"ge in the City of New York, the thinl day of 
August one thousand seven hundre<i and sixty eight, in 
the Eighth Year of the R<?ign of our Sovereign Lonl 
George the Third by the Grat^e of God of (h-eat Britain 
France and Ii^land King, Defender of the Faith and 
so forth. H. Moore 

By his Excellency's Command 

G"*' BA?fYAn D Secry. 

God save the Kn«a. 

It appetvra by Govenior Franklin *s Proclam ation of the 

twenty sixth of July that the Pei-son who shall dis- 



I 

4 



1768] AOMLNISTKATION OF OOVEUNOK PRAN'KLIM. 



41 



cover and bring the aliove Offoiidoi*s or either of them 
to Justice will be entitled to Fifty Pounds from the 
Government of New Jei*sey, and to a farther Reward 
of One hundi-ed i'oumls tt) be jiaid l)y AH Skimier, an<l 
tliat any Apcomplice making such Discovery, will also 
be entitled to his Majesty's most gracious Pardon. 

(The whole endorsed) 

3**. August lTt>8. Proclamation for Appr-ebending 
Persons Concerned in Robbing the Treasmx>r of East 
New Jersey. 



An order of the King in Comicil^ repealing an Act 
jHissed in Neio Jersey in Jwu% 1767, apjKiintiwj 
Comviis^ioTiers for supplying the Barracks, etc., 
and directing that the Governor should fw admon- 
ished for having passed (hat Act contrary to an 
Act of Parlianient, 

IFrom p. B. O^ B. T.. New Jersey . Vol. 0. K. 7n.! 

At the Court at St. Jamks's the 12^ Day of 
August 1708. 

Present. 

The King's iiK^t Excelleut Majesty in Council 

WuEREAs there was this Day read at the Board a 
ReiK)rt from the Right Hi>n«)ui-able the Lonls of the 
Committee of Council for plantation Affairs dated the 
!>** of this Instant in the words following Viz* 

"Your Majesty iKidng Ixjeu pleased by Youi* Order 
*' in Council of the 30^' of June last to ixsfer unto this 
" Committ-ee a Representation from the Lords Coni- 
*' niissioners for Trade and plantations Dated the 10*.'' 
'* of the same Month in the words followiug Viz^ 



ADMINISTRATION OP CiOVEUNOn PRANBLIN. 



[1768 



** Amongst the Laws passed in your Majesfcys Col- 
"onyof Jersey in June 17«7, there is one Entitled 
*' An Act appointing Commissioners for Supplying 
** t)ie several Barracks erected in the Colony of New 
*' Jei-sey with Funiiture and other Necessaries 
" accomodating the Kings Troops, in or marchi 
" througli tlie same, for supplying Deficiences and 
*' Defraying other Incidental Chaiges. 

" Whereupon we beg leave humbly to represent 
" that by an Act of Parliament passed in the fifth year 
** of your 'Majesty s Eeign, for aineuding the Mutiny 
**Act, and for i-endring it more Effectual in Your 
*' Majestys Dominions in America/' Various Regula- 
** tions and Directions mv laid down relative to the 
** Quartering your Majestys Troops in the Colonies; 
** The Mo<le jiointed out in which that service is to be 
** provided for and the Articles Enunun-ated of which 
" those SuppUes areto Consist. In the pmvincial Law 
" now Suhniitte<l to Your Majesty, the Nomination of 
" the Commissioners for furnishing andSuppl>ingtho 
** Barracks in Your Majestys Colony of New Jersey is 
" made the Act of the general Legislature deviating 
•* thereby from the Directions of the Act of ])arlia- 
** tnent wliich Inip(iwei*8 the Gov*" & Couiicel to 
'* Authorize & Appoint thosti Commissioners and upon 
** Neglect or refusal of such Governoi* and CViuncil 
'* Vest*i that Nomination and Appointment in any two 
** or more of the Justices of the peace residing in or 
** near such place where Yoiu* Majestys Troops shall 
*' be Quart^M-ed. 

" Another provision whei-ein this Law ap|>ears to 
'* us not Strictly Comforniahk* to the Act of parliament 
** is with resp*'Ct to tl»e Articles wherewith it is 
" Directed that your Majestys Troops shall be Sup- 
'* plie<l; These are particularly Enumerated in the 
** Act of parliament and are as follow (vizM Fire, 
** Candles, Vinegar and Salt, Bedding, Utensils for 



1768] 



ADMINISTRATION OP GOVERNOR PRANKLIN. 



43 



'* dressing their Victuals and Small Beer or Cydor (not 
" exceeding iive pints) or half a p>int of Rum mixed 
** witli a Quart of Water to Each Man The provincial 
" Law does not recite the above jwirticulars as Enu- 
'* merated in the Act of parliament, but directs only, 
** that your Majestys Troops shall be provided witli 
'* Vinegar and small b(:^er the latter of which is lim- 
** ited to a less Quantity for each Man IP Day then is 
" prescribed by the Act of parliament. 

** There is another Clause likewise which provides 
'* that the Monies thereby given shall not be Supplied 
*' to purchasing Necessaries for more than one Regi- 
*' ment, in the Colony at any one time, except during 
*' the tiiae of i*elieving the Regiment Quartered there- 
" in for these Reasons We do now (as we did in the 
*' Case of a Law passed in this Colony in the year 
" 17fr6, find ourselves under the repeated Necessity of 
" laying above Act before youi* Majesty for your Royal 
" Disjillowance." The Lords of the Committee in 
obedience to your Majestys said order of reference this 
Day took the smd Representation and Act into their 
Consideration, and do agree humbly to Report to your 
Majesty as their opinion that the said act should bo 
disiillowed; and that one of your Majastys principal 
Secretaries of Sbite should receive your Majestys 
pleasure to Admonish the (Governor of Now Jersey, for 
having passed tiiis Law contrary to an Act of parlia- 
ment, and this Notwithstanding a Law of the same 
Nature passed in New Jereey in 17*><i has before been 
rejected by your Majesty in Council. 

His Majesty taking the said Report into Considera- 
tion was ple^ised with the Advice of His Privy Coun- 
cil to Approve of what is therein proposed and accord- 
ingly to Disallow tlie said Act; And his Majesty doth 
hereby Ord>n' that the Right Honourable the Earl of 
Hillnhorough one of His Maj'^stys principal S»^cretarieft 
of State do receive His Majestys pleasure to admonish 




44 AOMIMSTUATION OP OUVKRNOR PlL^NKUX. [1768 

tlie Ck>vemor of the pnjvince of New Jersey for liav- 
ing passod the said Law contrary to an Act of |)ai*lja- 
nieiit and this notv\'ithstaDding a Law of the same 
Naturt', [Kisst'd in New Jei'soy in I7*i<> has lieen before 
rejected by His Majesty in Council. 



LeMerfrom Oov, Franklin to the Earl of Hill^sbttrotigh^ 
recommending Mr. Richard Stockton to be ap- 
pointed a memtHtr of the New Jersey Council in 
place of Mr, Woodruff, deceaaed. 

IFram I*. R. O. Amuricu A WuhL tiidim, VuL 178(1111}.) 

BLTRhlN'OTON, Aug" l-^» ^'^^^ 

To the Right Hon**"' the Earl of Hilktorough. 

3ff/ Tjord 

I am just informo<l that M'^Woodi'uff, one of His 
Majenty's Council for New Jersey, died on Wednesday 
the 10"' Instant:' I thoi-efoiv take the Liberty to i-ecora- 



' 8iima«l \V(H)(lrufr wsb one of l«ui socui of JoMrph WocMlniff, Jr., bod of JotHrpb. 
wbonf fatluT, Johu. wiiftoiic of tha orlfflnal Ai>ttlt*ra or EUxabeth-Towii. Sauiuvl 
was Imm al»uut Che nm of the lost oenftoiy. Ho wba ookakvI for many ytNtrti lu 
trndht^ t>i till' Wrat Iii'tli'S Nn<) iab»t*wht*r>*. Hta sliciiature watt a|i]N*iuliid to tbf< pnti- 
tloii ill ]79!>, fnr n L-)iartvr for the )>('>niai;h. iukI when thr uhart(*r tnu ftranted. in 
1740, h" wut natntfl ak ont! (»f thn antcUtAnl aldt*nnm; suhMMiiiontly beenmo aldfir^ 
muii, auti was Mayor of (he borouftb from 1T5I to 1750. and proluibly longer. He 
waanlHt^ « .liiallut' of xUv Pfm_-«* fnr fttruiy ywira. servlii^ as a rat-mbernf the Board 
of Ju»tlt'4<-i nii'l Fm*h<>|(bTti of th(> cmuity. Hp wna a prMmfiif*ut mfiubernf the 
Pint I'rt^KbyierlAn Oburchof the to«n, waa choM'n tfti»t«e in iTfitl. was Irvoaorvr. 
ITt\H.U, luifl prr)tl<1rnt Iti 1T6B; was onlabie^l an Elder In iTffi, was a Mt^mber ot tltc 
Syiiod of 17(tl-&. and waa a|ipolut4!<<l oih* of tlit* BuUdiiij]; ComDilttoo to robufld 
Uir cburcb in ITflC H«* nlau wrrfd hk a truhlcH* nf PniiL-fton IVIlvgo, 174U-OK, 
and lartit hOt two (K<nK. Benjamin ami Jo«i<pli, to bi* CHlucattMl there. .Vi* out- ot the 
l>HiiW|Hil in«-n ot the t<ivrn. and of ipMirrous hoapltallty. bo wa» a irrtfit frifit'I of 
Uov«>ni<ir Ui*lcl>*'r, and "hti bouw was tbi! mluisivni' huiui*, a^ OiHii-ge WblilWId 
BiHltbv two Brnlm>rds found it"- Hat/If Id't Ktizabtlh-Town. 3ao-i. rirt;. .tTKU. 
Ml, an. «0O, M&, Sn. 510. H»: N. r. Hint. itSS., U.. (M; HtMt. I^-incrttm Cotlrpt. by 
Jolin Mftrlmn. I>. l» . 1 . 1S«. •JOtt. WU; Manval Pirat Pirii. Churrh. Eliaabotb. l8Se, 8- 
10. Mr. WooiInilT na* munUialrd by chtvprnnr Bt-U'hpr a^tn tnt*mb4»rorfbi»*'mmoll. 
NoTBinbM- 10. itSti, aud ImUuk apputtifMl March i, 1757. 1'jok bis tt'>ai July fll, 1797. 
Ue waaraip|>otntc<4l InlTiil. UcdcclintHt lo attend a8p«?clal moetlnR of ilu>CVnincil 
ualUd by fiovL-i'Dor PraulcUu to talu* action Id rrlAiion to Uw Stamp JlqI.~N. J* 
Jnkivm, Vni^ Fut I, US. 497; IX, fii, «S, Ml.-LW. N.] 



1 



1768] ADMINISTRATIOX OF OOVEIINOK PRANKUN. 



45 



mend Richai-d StocktDn, Esqr of Princeton in this 
Province to succeed M^ Woodruff in the Council. He 
is a Gentleman of Fortune, Character, and Abihties, 
everyway qualified to serve His Majesty in that Ca- 
pacity; and, if I am not misinform^, had tlie Honor 
to he known to your Lordship when he wsis lately in 
England. - 
I am. with the gi*eatest Respect, 

!My Lord Your Lordship's most oliedient 
^_ & most Inmible Ser*' 

^H W? Franklin 

Lett 



Letter from Secreiavt/ Hillsboromjh to Govenror 
Franklin, rdative to the letter from the Assembhf 
of MoHachnsefts Bay. and the Kiu{f>i di.snj^proha' 
Hon of Governor Franklin\s conduct in iiHstnUiug 
to a law contrary to an act of Parliament, 

[Prom P. R. O. America aad WoA Indloa, Vol. 178 (101)1 

Whitehall lO'?" August !76s. 

Govf Franklin. 
Sir, 

On the 14"' of July I I'oceivetl your several Dis- 
patches addi-essed to me nnml>ered from 1 to 5 and 
inime<liately laid them before the King. 

His Majesty is concerned t.o hnd by the Printed 
Votes of the House of Representatives, transmitted 
with your Letter N" 3, and referred to in that num- 
bered 4, that they have thought fit, by their Resolu- 
tions & PniceedingH, if not 0[)enly U> deny at least to 
draw in Question, the Power and Aiithoi'ity of Par- 
liament to enact Laws binding upon the Colonies in 
all Cases what^wer, and The King is the more sur- 
prized at such a Conduct in His Assembly of New 




46 



ADUINISTRATIOK OP GOVEKNOU FBAyEUK. 



[1768 



Jei-aey when His Majesty considers the Example set 
them by the Assemblies of the neighbouring Colonies 
of New York and Ponsyivania. who appeal* to have 
entertained a veiy just Sense of the unwarrantable 
Measun? recommended by the Aasembly of Massachu- 
sets Bay. 

It is ray Duty, upon this Occasion, to observe to 
you, that your entire Ignorance of what was passing 
in the Aaaeml>ly, concerning the Tjetter from the Mas- 
sachusets Bay, which wtis the constant Object of their 
Deliberations ahn<»st from Day to Day for a Course of 
moi-e than Three Weeks, betrays a very blameable 
Inattention to youi* Duty; and the declaring, when 
fully a])pnzed of these Pi-oceedings, that you had no 
Reason to believe therc was a Disposition in the Peo- 
ple to enU^'r into any unwarrantable Combinations 
with the Massachnsets Assembly, indicates a Disposi- 
tion that does not correspond with those Principles 
which ought to l^e the Rule of your Conduct. 

In your Letter N" 1, you acquaint me that you had 
thought fit to apply to the Assembly to enable you to 
send me a complete Collection of the Laws, and I pre. 
surae you had good Reasons, (tho' I cannot guess at 
them,) for sucli an Application, which has, however 
only S4^rv»xl to pn.nluce an Answer at leiist petulent. if 
not indecent, promising a Compliance with that lus a 
Request of mine, which I had the Honor to signify to 
yon, iiH a Connnand from His Majesty 

The Practice winch luki been but too pi^cvalent, of 
Govern<ii'8 c<nnnmnicating to the Assemblies the con- 
fidential Coirespondenco betweeen them and His 
Majesty^s Stuvants here, is big with the greatest Min- 
chiefSf and I cannot iielp being greatly alarmed to fin<l 
n[M>u iho ]irinted Journals of tlie Assembly of New 
Jei'rt*.'y, a Message? from yon in the following words. 
Viz-, *'The Oovenior lays before The House sundry 
*' liutters and Pa|M4*s which he has just received from 



176S] ADMINI&TKA.TIOK OF GOVEBNOR FRANKLIN'. 



^? 



*• the Earl of Hillsborough On© of His Ma'ty'b Piin 
** cipal Secretaries of State/' 

I have, upon this Occasion, had Recourse to the 
whole of my CoiTesiwndence, and cannot observe any 
one Letter of mine, which was in it's !iatui*e eitlier 
necessaiy or proper to be laid entire before the Assem- 
bly; but if there were any that appeared to you iit to 
be communicated to them, you ought at least have 
acquainted me in your Letter with what you had done, 
and to have assigned Reasons for a Step that seems to 
have been an unwairantable Deviation from your 
Duty, and a Disi-espect to a Correaiwndence directe<l 
by The King Himself.' 

The enclosed Oiiler in CouncU contains His Majesty's 
Disallowance of the Act passed by you in June 17tJ7, 
for making Provision for quartering His Majesty's 
Troops; and the Copy of the Report of the Boanl of 
Traile will inform you of the Reasons for such Disal- 
lowance; it only thei'efoi'e remains for me to acquaint 
you, that I have, in consequence of this Onler, re- 
ceived the King's Commands to signify to you, His 
Ma'ty's Disapprobation of yom* Conduct, in assenting 
to a Law contrary to an Act of Parhament, and this 
notvvithstanding a Law of the same Nature, |»assed in 
170«;, had been before rejected by His Majesty in Coun- 
cil for the same Reason. 

It is a Matter of much Concern to me, to have haQ 
Occasion for Animadversion upon your Conduct in so 
many bistances; I can only say, that it is a part of my 
Duty that is very disagreeable to me; and that I shall 
be happy, by your Explanation of the motives of your 
Conduct, to find there has not been so just Grounds 
for it a.s I have too much Foundaiinn to ap}»rehend. 

As the Petition to His Ma'ty resolved upon by the 
Assembly of New Jersey and enteretl uiM>n the printed 



See po9t, UDilur <lato or SvpU'tnlwr 9, ITIK, 



48 ADMINTSTRATION OF fiOVERKOR PRAXKU5. [1708 

Minutes of their Proceetiings transmitted by you, has 
not yet been presented to me to be laid before His 
Majesty, it gives me good Reason to hope that they 
may have seen the Error of their Conduct upon this 
Occasion, and that I shall not be under the disagreea- 
ble Necessity of laying before His Majesty, any Reso- 
lutions or Proceedings of His Assembly of New Jersey, 
of such a Nature as cannot but give His Majesty great' 
Dissatisfaction, and must be i-ejected as being null 
and void, in consequence of the Act of Parliament of 

the *»V' of His present Majesty. 

I am (fee" 

HlIA8BOROUaH. 



Letter from Gov. Franklin to the Earl of Hillsborongh, 
relative, to a Inll panned by the Aafitmhly f(rr .s/r/fc- 
ing £IfM>,0(»0 in bills of credit, to which he, the 
OotH'ruor^ had refused his assefit, dcsirimj in- 
structiona. 

IFmm F. R. O. Amrrica and Went Iniltum Vol. ITSflOl).] 

BUKUNGTON. Aug?* 24^- 1T(J8 

Right Hon''*** the Earl of Hillsborough 

Ml/ Lord, 

A Bill passed both the Council and Assembly, at the 
last Sessions, for Striking One hundred Thousand 
Poimds hi Bills of Cixnlit, and emitting the same on 
Ijoan: But iis they had, contmry to the Act of Parlia- 
ment, made the Money a legal Tender' (tho' I believe 



* His Awetubly hid (loubtleMtftkeo tills liberty bircAiuetha frlmdii of nl(?;nil ten- 
der p«ppF cnirrancy liad strong bopea of gettlnif the raitnilnliig Act of Pitrllainfnt 
rapMlAd. WrlUuK FubruAry 17. I7QH, BtiBjamln Franklin InforiUMl hid fri«Miil J<i>m*iih 
QiiUoway. nf rtinDHylvanid, iliAthL' hoJ liacl alon^f eoDTLTK&tl<^n on th*' Mihjtv.'t wlUi 
Lord HlllHlMtnjiiKh, who tuild Ihjil if »pplk'jiti(iii wnrt* mailf for lAkiiiK ulT the rr- 
atralnt as regarded reuiutylvauln, Nrw Jrnwy and New York, am Fnnklln prop>Mied, 
"It nil otild Imve ftllr pUiy : he rouUl hlnint^If (Htc It no nort of opposltlan, "— FraiMin^a 



17*?8] ADMIKISTRATIOX OK fiOVERXOIt FRANKLIN. 411 

not intentionally) and refns'd t-o add a Suspending 
Claost* to the BOI, as my Instructions require, I de- 
ny'd my Assent to it. I besides expected that the 
Assembly would have apjiropriated Homc Part of the 
Int^tTest to the Auj^^mentation of Officers Salaries, 
which are scandalously low iu this Province (as your 
Lordship may see by the enclosed Account of them); 
but they declined doing any Thing of the kind, tho' 
most of them cannot but acknowledge the Insuffi- 
ciency of the Salaries, and that this would be the easi- 
wit Mode of raising Money on the People for the Sup- 
port of Government. The whole of the Interest 
.Money, after defraying the Expenses attending the 
Emission, was, by the Bill, to remain in the Treasury till 
apply'd to the support of (iovernment, and to other 
piiblick Uses, by subsecjuent Acts of Assembly. — I 
wrote to your Loi-dship befoie, in my Letter N° 2, 
that I thought a reasonable Sum of f*aper Currency 
would be of Service Ix>Ui to the Province, and to the 
Mother Couatry, The People hei-e are so anxious 



fVorka, ril, IM. 481). t-VuikllD tras stniiiKly tu favor of a l«cral Uoider paper cur- 
retMrr. wHti pmprtr»ecvirtty. for ii»e In tlie (,'oloulo^. ' On the irholo." wld he. In 
ITM, irtiMU rarUuinctil irai (Uiniil to Mioot. iJit' tvHlraiiitiij; hill, " do mKtltml lias 
Utbwio I*e4iii tonntfl u^ H«ta))Ufb & medium of tnnltf. io lieu of money, equal. In ull 
ILa ft'lvantAfiv*. tu lilllKuf nrtwlii, founiifil on HiifTlrii^nt taxf« fifr diwliandru: it. or 
ou lautl MKuritr of doable the Talue. for rapaylnjf it at the entl of tlie term, and lu 
Ibe iniwnUmf tnaiU* a reneral Ivg'al tender. The eiqieriencc of now near half a C6D- 
tor; la the luldtlle eolouiivt. han <-nuvlm;f»iI tht>tn of il among Ihemaelvtw, hy the 
xmat InctvoMe of Uu-ir Netiiements, numhera, building*. Improvemeotfl, «HriculCiirc, 
lihippint' and i^nunitnre. And tlie B&me experience hoa aadaflcd the Brltlah mrr- 
cbAntsnrbo trade thither that It liatt beenRTeatlyuaefut tothein. ami in not a aingrlo 
InaUnov pn-Judiclnl. " -ICorau. 11 . It.Vl. Eren U\a mronjr, practical (H-iiHe did not en. 
able blni to foresMv the evlU invarial>l> arlnimj fruio ttie :iLiempt to K-ive a flctlUouK 
ralue, lijr ItxlKlatlTe enactment, Ut that which has no value. A.coinpreheDslve ei« 
planatlaii of the Colonial 8>tilem uf eumiiicy olitainin^ in New JAn«*y bi ^Iven in 
a paper on "Tnxtwaofl Money In New Jersey t»efore the Revolution," by R. Wayne 
Parker. i»ul>U-HJied in Hie Proceeilintra of tlie New Jersey Mhrtrrical Boclety for Ja«- 
oary. 1H83. It may bt< Intereatini; to mention, in uonnection wlih this note, tliat In 
a imnv«maii>n In N'ovemlier, I^M, ill his deliKhtfiil home (n Wa8hlDKt<in. tlie Ten- 
hXltorlau, iJf>on:e Bancoft. lnform<nl the writer ttmt he woa then vahhoiitch 
OTlorvd upon blH eicrlity-sucth yenri entragtxJ on a 'ilstory of paf>^'r currency 
Anwirloa, which he lntende>d to Ix- hlK lUial work, and hoped it mig-ht Im* inntni- 
niAtal lu wanUni: liio people of the UuIttNl 8tiit«a ag&itua tlie ilaofftrB of flat 
-fW. N.l 

4 



60 



ADMtNISTRATtOK Of «OVERN0R PRAXKUX. [IfCft 



about this matter, that they would not hesitato t^ take 
the Money, and mortgage their Estates for the Repay- 
ment of it with Interest, tho* it siiould not be made a 
legal Tender. Advantage should therefore, I think, Iks 
taken of this Disposition to bi-ing them to make a moi-e 
adequate Provision for the OfiScei-s of Government, 
unless iudeed the Duties laid by the Acts of Parlianieut 
are su])posed to i-ender such a Measure unnecessary. — 
The Council have reipested me to desii-e your t^nl- 
ship's Sentiments on this Subject, and that you would 
be pleased to iidorni me whetlier His Majesty would 
have any Objection to my giving my Assent to a Bill 
foi- emitting a Hundi-ed Thousand Pounds of Pai)er 
Curi-ency on Loan, without a Suspending Clause, pi*o- 
vided the Money is not made a legal Tender, and the 
Interest arising thei-efrom is appropriated to publick 
Purp4>ses. 
I have the Honor to be, with the greatest x*esp©ct, 
My Lord, Your Lordshi|/s most ol)edient 
& most hmnble Servant 

W" Frankux 

P. 8. In the Huiry of making up my Dispatches, 
by the last Packet, 1 omitted striding yoiu' Jx)j'dship a 
printed Copy of the Laws, and a Part of the Privy 
Coimcils Minutes, mentioned in my Letter N^ (J. and 
therefore now send it herewith. 



Civil Elstablishment of New Jei-sey l7fiS 
Franckhns (N" i») of 24 Aug lT<i8. 



In Gov' 



The Salaries Annually grante<i to the Office»-s of the 
Govertimeut of New J4:;rsey, amount to seventeen hun- 
divd and twenty five Pounds Currency, which at sLxty 
I^Cent, the MetUum of Exchange with Gi-eat Britain, 



flt«rUi)« Iter Aou. 


£75t> 





m 


15 — 


rt 31 


5 ~ 


31 


5 — 


- IS 


15 — 


25 





. 25 





18 


16 — 


- «2 


10 — 


13 


10 — 


- fi 


5 — 


£1075 






17G8J ADXIS-ISTKATION* OP fiOVKRNOK PUANKUK. 53 

amounts to £1075' Sterling, and is tluis divided in Ster- 
ling Money viz? 



To the Governor ----- 

To thf Chief Justice .... 

To the second Justice of the Supreme Court 

To the thirrl Justice of the Supreme Court 

To the Attorney Genei-al . . - 

To one Ti'easurer residing at Amlxty 

To one Treasui'er i-ei^iding at Burlington 

To the C*lerk of the Council - 

To the Agent reKiding at London 

To the Clerk of the Circuits - 

To the r)<M»r Keei>er of the Council 



Tlie Incidental Charges and daily Wages during the 
Attendance on Legislative Business are, 

To the Members of the Council, and of the Assembly, 
three shillings and nine pence each ^ Day. 

To the Clerk of Assembly, Ave shilUngs 'f^Day 

To the Serjeant at Arms to the Council & the As- 
sembly one shilling and ten pence fr^ day 

To the Door Keeper of the Assembly two shillings 
I'day. 

To the Govomor for House Rent thirty seven Pounds 
ten shillings p' annum. 

The other incidental Charges ai'C such as arise from 
the repair of five Barracks built at the Expence of the 
Coltmy/ each capable to Contain three hundred Men, 
and the Allowance by Jjixw to be made to the Trooi)s 
from time to time quartered in them, which is 
altogether uncertain. 



* Blxtr p«r cubt. or £ir^ taakv £1085. InHiMbl or £!<>;&. 

' At BurHiiKl'^n, Trenton. } cixh Amboy. Kew Bnin«irlck nml Ellaabpfh-Tairi].— AT. 
J, ArchUem. U , ^70. butv. 




62 



AbMlNISTRATlON OF OOVERKO& FBANKLIN. 



[1768 



Also an allowance to the Chief Justice, or other 
Justices of the Supreme Court, of six Pounds, five 
shillings Sterling for liolding a Court of Oyer and Ter- 
miner when tliere shall be occasion in any of the Coun- 
ties of the Colony; and an Allowance to the Agent 
for petty Expences of about thirty iKJunds Sterling 
1^ Annum. 

These Chai^ges are now, and have been since my 
arrival in the Grovernment paid by a Surplusage of 
Money struck for his Majesty's Service during the late 
War, which was to l>e sunk by a Tax in a time Hm- 
itted in those Acts, and the same has hitherto l)een 
Sunk with great i^^gnlarity, under the lnsi>ection of 
the Legislative Boily. Befoi*e the War the ExjKMiseof 
Government was paid by the Interest of Money 
emitted on lyian, by his Majesty's A]»pn)bation; and 
when that Money was called in, (by Virtue of the Acts 
which giive it a Ciurency to a certain time) the Sup- 
port of (iovernment was raiswi annually by Tax on the 
Real and Personal Estates of the Inlmbitants, w^liich 
must be very shortly the Case again. 

There are no Duties on the Import or Exp<^rt of any 
Commodities, but such as aie laid and appi*<)priat*Hiby 
Acts of Parhameut. The Cullecturs of HLs Majt^sty's 
Customs are the only Officers who have any Salary or 
Allowance from Gi*eat Britahi. 

All the Salaries and Incidental Charges of Govern 
meut ai-e Annually gi-anted and Appropriated by Act 
of Assembly; these aiv issued (except Assembly Mens 
Wages) l)y Warrant of tiie (rovernor in Council, and 
Accounted for by the Ti-easurei-s to the joint Comniit- 
t».vs of Council and Assembly. 

All the Salaries allowed in this Goverament are 
very Low, having been for the most jxirt 8ettle<l when 
the l*n)vince was in its Infuni y, ;in<l as the Expense 
of Living is since greatly incivased they are not sufti- 



1768] AHMIKISTRATIOK OT OOVEHKOK PttANKM^T. 



53 



cient, with the Fees and Perquisites of r)ffit;e added, 
which indeed ;i?v in most Cases very trifling?) to 
support the Offlcei-a in a manner suitable to their 
Stations. 

Wf Franklin 



liter fromGor. Fmukh'i} to\the Earl (\f HilhhoroiHfh, 
relative to the Uomplalut made btj Iftt Commit' 
sioners of Customs in America to the King, 

[Prom 1*. O. iUnorica au<l WifMl ludlw, Vol 173 UVl^] 

BURUXGTON, Aug?* 25, 17H8 

To the Right Hon*"" the Earl of Hinsl>or()ugh 

My Lord, 

I am honored ^v^th your liordship's Letter N? 8 — re- 
Bpecting the Complaint made by the Commissioners of 
Hia Majesty's Customs in America, of tlie Obstructions 
which their Officers have met with in the Execution 
of their Duty. There has been but one Complaint 
m.wJe to me of that kind by any of the Officers (»f the 
Customs within this Government, and that was fn^m 
M' Hatton the CoUecttor of Salem. But after strict En- 
quiry had been made into the Affair l)efore myself and 
His Majesty's Council, it was found that the Collector 
(who is a Man of a most unhappy Temper") had exceed- 
ingly misi^ehaved liimself, and had no just Foundation 
for his Compliiint. The Particulat>i of this Transaction 
I transmitted to the Commissioners at Boston, and 



■ICr. Batun'* " most unhmppf t«mper" irot him Into more serioua trouble two 
jvmn later. See pujtt, uuder lUte of November 7, 1770. 




ADMINISTRATIOK OF OOVRRKOR FRAWKUir. 

your Li^rdship will soe them in the Minutes of the 
Council sent with my Letter N'v t;. 

I think it my imiispensahle Duty, and shall not fail 
to give the Officera of the Customs, and every other 
Officer of the Government, all the AssiHtance and 
Support in my Power. 
I am with the greatest ?{et5i)ect, 

My Lord. Your Lordsliip's most obedient 
& most humble fiervaut 

W" Frankjjn 



Commission of Governor Franklin to Charles Head, 
John Smith and Samnel Smith to take charge of 
the Seals during his Absence. 

rFrom Book AB of CV)Dinit(wioai.in ttat^SKrvtvyof 9tat«'> offlctt, Trenton, fol. tt.| 

By his Excellency William Fmnklin Esqr. Captain 
General Governor and Commander in Chief in and 
over the province of New Jei*sey and Territories there- 
on depending in America, Chancellor and Vice Admi- 
ral in the same &c. 

To tlje Honble. Charles Itead, Jno. Smith & Saml. 
Smith EB<irs. Members of His Majesty's Council for the 
Colony of New Jei-sey Greeting. Whereas The pi-omot- 
ing his Maje-sties Service and the Pix>s|>erity and Securi- 
ty of the British Colonies on tlie (Continent of America 
have induced me to Comply with the request of the 
Honble. Sr. William Johnson his Majesty's Superinten- 
dent of Indian Affaii*s, in giving my attendance at a 
Treaty to be IieM with the Six Natlonsand other Indians 
at Fort Stanwix in the Colony of New York to agree and 
fix nj>on a Boundary [^inehHtween thi» Bi'itish subjects 
of the Northern Colonies and the Indians. In Order 
that there should be no Delay or intenoiption in carry- 
ing on the usual Business, which passes under the 
Publick Seal, or of the Seal of the Prerogative Office, 



1 



17^8] AllMINISTRAXrOir OF OOVRBWOR PRANKtllT. 

or my private Seal at Arras: I have left the said Seals 
ill your Custody, hereby ini]H>wering you, or any two 
of you. to AflBx either of those Seals to such papers as 
usually |>ass under the same, in the Common & Onli- 
nary Course of Business, where a Delay till my return 
would l»e attended with pubHck Disadvantage or Loss, 
or inconvenience to the Persons applying. And I also 
impower you, or any two of you, in case it should be 
necessary from my unexpected long absence, Sickness, 
or other Accident to deliver the publick and preroga- 
tive Seals, and the Royal Instructions to the prt^sident 
of his Majesty's Council of this Province, at such time 
as a Majonty of the Council shall Judge it necessary 
for the President of the Council to take upon him the 
Admni*. of the Government an<l for your so doing 
this shaU be your Warrant. Given under my hand 
and Seal at Arms at Burlington the 2«>th of Angst, in 
the Eighth year of his Majesty's Reign Anno Domini 



lifter from Gov. Fraiikh'n to Secretary HilLsboromjhy 
relative to a Treaty with the Indians for sett limj 
ttoumfartf between ttiein and the Northern British 
Colonies. 

IFroin P. R. O. We«t Indien. Vol, ITS (IW).] 

BUKUNGTON Aug".' liT"' ITtiS 

To the Right Hou*^'*^ the Earl f>f Hillslx>mngh 

My LortI, 

na\ing received an Intimation from Sir William 
Johnstni. Bur' His Majesty VSnperintendant for Indian 
AfFaii-s, that he was sliortly to hold a Troaty with the 
Indians^ for Settling a Boundary Line between them 




5H A DMIN18TKATI0N OF *iOVERN0K FKANKLIN. [1768 

and the Northern British Colonies, and that it might 
be of publick Service if, on this very important Occa- 
sion, CoramiBsioners were to attend the Treaty iu Be- 
half of this Provincii, I laid the Matter before the 
Council, who were of Opinion that tiie Notice was too 
short to call the Asstmibly together to make Provision 
for defraying the Expence of sending Connui8.sionci*8 
to the Treaty, but tliey thought my Presceuce thore 
might answer very good Purfiases to this Province, as 
well an to the other Parts of the Britiah Doniinions in 
America. I have thereupon consentetl to attend the 
Oouforeuce, and am this Day to set off fur Albany, ac- 
companied by Mr Smyth, one of His Majesty's Council 
for this Province. — Matters atv so settled that no In; 
couveuieuce cmi arise by my Absence* which I have 
Reason to l>eliove will not exceed four or five Weeks.' 
— By thLs Opportunity I have answered all the Letters 
I have hiul the Ih)n<iui to receive from your Loitlahip 
by the May Packet. The Juno Mail is not yet arrived, 
and, 'tis fwii-od, is eitlier lost or gone to the West 
Indies. 
I have the Honor to b»?, with the gi-eatest lles|)eci, 
My LortI Your Lordship's most oliedient 
& most humble Servant 

W? Franklin 



■ Hio prr>erMllRK« at Fort Stanwlx l>otwoGn lh« whlt«« and Ut« ItuUUB 
OtiiotMtr iiiiil Novt'iiitMT, I7ik'4, fur ilin Hi'tUrintMil. or tin- fmativr iMiioduy, 1 
UlUwI fully In N. Y. I'ol. Dooh.. VJII.. iift-i;i7 (lovcrnor Fraukliu wi 
Ity (."liiuf Jiiwriw SiiM'tli S<»oio of !Iie ini'lilcnU are worthy of a ikii« here. On 
secutKl tiny of thf yoDfrrpnooi <K't. ?!l>"l.^nncli«i>ili'(*riii. Chl^f of Onfi»la.«tt»od«p*" 
Atliin-MHiti^; all prrsi-nt. uluM-r^'^ t]iur th** M-vit-Al Auu'rieAn Oovrnuirh hiKl IimUiui 
niintr*fl, tijr w)ii(*b tlM*y wt<n* IciiKwn t^i tli** ItiiiUiiin. itiu tiovumor of Nrv Jpreujrtoc' 
copUHl: ihm h* thi*ppfopo tlK'U^lii It oo^'awry lo oompUmpnt him with a 
whk*h lip (III) hy In^Uiwlnff hit nwn nnim* u|mju Itlni, ua which tiiA 
Uor Fmuklln Khw^k hlin by ilu' Itao'l A r**tiim>Hl him thatikii." Sut 
qutMilly " tbr ClutlfM mxnh* A vUtMik hunl^ wflh Ouv fTmuklln A C'aiiACtKjul 
ftddnMHlnK him ml<l, llmt ra he had ^n^ii hlai lUn own tiniii**, li*.' btip^nl Uiftt' 
he would cndoavour lo acquire a* much r*>putati<Jit wlUi li an)oti>r>t thrt Poople 
IU he hail ilanr Tlu; (.hwrmor rctiinifMl thfin many llinntiK " Tlu* nt<xt day, 
" Conofchqulvfon stood up autl said that the Six Nations not )>eUMr aatiaOed 
wlUi Ula havhig K^veu bin own aame lo Govern' KtaukUu bad m»t upon U> aad 



17*>8J ADMIN'IfiTkATION Ul' <i()VEICNOn PKANKUN. 



Circular leiter from the Earl of Hillsborough to the 
Oot^rnors in Amt^ri<*a^ relatitv to letters received 
bt/ them from his Majesti/'s Secretaries of State. 

iFrom P. R. O. America and West lodJM. Vol. 8M (87A).] 

Whitehall Sept*T' 2?? I7»i8 

Circular to all the Governors in Americii 

The King havmg observed that the Governors of His 
Colonies have upon severd.! Oa^asions taken upon thetn 
to communicate to their Councils and Asst»mblies either 
the whole or ijaHs of Letters which they have received 
from His Majesty*s Principal Secretaries of State, I 
have it in command from His Majesty to signify to 
you that it is His Majesty's Pleasui-e that you do not, 



In tfvtiinony of th^ wnae of lUa, and bU Peoples Jtntlce In cauainc the muitberen 
of some Initiiuu to be put Lo death wtthlu bla OoVBratuent lUd now nonfcr upon 
him th»« name of SagorifjfucetfMihttn . or the Qiv&t Arb(ti:r or Do<?rof Juntlco. wish- 
ing thikt he and the |H!U|>I»' of hJH Uuv<'riitDr.-iit tnff^ht. ruiilliini' to nt-t wUh the name 
Justloe they hwl hitherto iJone. Whoreupoa Qov* FraQiclin returnotl ihom tluuikti 
for th'* favor ami oasurtNl them botb himself and the people of bis Gorframent 
WOUM upon all owaolous miinlFt!«t tbelresteeoa for tlie Indioiis an<I their loclliiutioa 
bi do UifiD Jastice ■• On Kov<?raber Uh. Sir wailam JohcmD. In addrMKing the 
tndlaitei, saiil: "ThHQov'ur New JrrK<_'y liiMtD^ ('ailed hetiei; by Mome Ulf^cmt blutl- 
aem luia desired me to luform you that h» can not tbiak of taktQf( leave of His 
Rreltii^n the Six Nndous without once more oxprtMtaiiiK (he HappluesH he haA re- 
cdlvpfl frtmi lladJiii^ that tliHy enU^rtaia suuli tMit sauliiavut* of hiit JuiiUt;c, & that 
of thr e<MH\ pt^>p|4* urMlr*r Mn OoremmoDt He hat hltUHolf the hUibest sense of the 
valuf* & tuipoi-tauce of the nuTitn conferrtMl oa hitti & iloubtti not hut that future 
OoTernors A the chief men •!( InhaMtmiti 'tf New JerA'*y will bn ever liarefnll to 
deaerve ao DidtlnfcidMb'^i] a Title araoiu; the lii'tliui Nations as that uf SagorHhiPh- 
touot^ha. Doer of Jtuiticf. Th'.* Governor hn^ ItkewiHe requesltHi m^- to remind 
juu that n( a Treaty IiflJ at Kaston tn the yt.«r \7T)A \]\f r>elan-^re aiifl other Indiaas 
t*-ha hail any prvteimlODK to Land in New Jentev, ili<l for a valuable t-onstdemtloii 
Rive A (funeral reU-aso for all :hc Uanil« in that IN'ovince exeept mieh part* u were 
mM<rv*v| by Iaw for the iiw of Ibose InilianK who choNt> tu hvu umler tb« protec* 
tfoo of that GoTonim'. Thin was done In public Council In the proMMtce of many 
of tite 8U NatloiiH ami tlM* Ooremor wouM iherffon- be pliul. that at this Con- 
KreM twh>TL> arn prnaenl irn many ehelfs uf the dlffereut Natious lwlon;:ing to the 
Confederacy Jk when a i:eneral IJi:tundarT Lino between the subjects of Ills UrtttAnnic 
XaivMty In Aiiterini £ their nn-tluTi^ii the liuIiaiiH 1h to be Mettled) ymi wnulil do tlie 
PtTTin?e of New J.T.toy t!i'* iiirti"! to co'iflnn th'? mI'1 Ueleaw l>y iioknovrlcdtrinK 
tn public that tliat I'ruvluve laentlrttly free froui all Indian Claiuu. except aa before 



58 



ADMINISTRATION i)V HOVERNOR FKANKUN. 



Ll76ft 



upon any pietence whatever, Cunimunicate either to 
tbe Council or Assembly any Copies or Extracts of 
such Letters as you sliall receive from His Majesty's 
Prin<ti|ial Socivtaries of State, unless you have His Maj- 
esty's particular directions for so doing. 

I am &c* 

HlU*SB<)ROUOH 



Letierfrom Secretary HiUslntrtnujk relative to the let- 
ter from the Asseitibfy of Massarhusetts Buy, 

IKrom P. R O. Amertcft and We^t IndiM, Vol. \7& { It)]).) 

WuiTEHAU., Octolxjr J 2*^ 17ti8. 

Gtovernor Franklin. 

On tlie IV Instant I received Your Letters N? ll. 7. 
and s, and have laid them with their Enclosures before 
The King, 

Those numlwred W. and S. the one containing your 
Observations upon the Laws of the last Session of As- 
sembly the other recommending Mr Stockton to sup 
ply tlie Vacancy in the Council by the Death of MT 
Woodruff, are ordered by His Majesty to be communi- 
cfited to the Boai-d of Trade. 



meut^. His Reuoo for thin raqueM i% thai this nuttar mar be held In rMiMm- 

)iniD<^ by nil tlie naUona prwient A by that means t» moffl fntrely huntlfnt down to 
(.lnJr PoKtf'Tli.r." The ii"*xt day (SatuMtiy. Nov. 6», ihp Indiaiis in n'pl.v sold: '* Wc 
urn f>lml ti> we thai. Uot'ernor Frtuiricllii tit km wull pIcjimhI with (iurhavtti|;l>i*i4towed 
oup of our own namM upon him ± art< well plotwt^d (toj hear ynu [fromlcw^ that he 
win alwnys \hs rp&dy to do us junUci* Wc- hope thai nil futim" Oorcrtirtrn will aot 
the mxao p«rt~ We arknowlwtlirf that iieT(*rnt of orir Natluim now prMcut w<h« 
wttnwe a to the tranaaction at Kaxton A ihrnvforo acquit that I*rarinco of any dc- 
raand A WHhavonnly lortfKirr'or hhn t<i follow rnurt^xiunplf hi hia rutiUT* conduct 
tovrards ux. which will siifncicntlr rrcomuieod him aud hU pe<.ipU< to our esteem." 
— .V. y. Cut. D'H-4 . Vin .ns. il". l?l-^-t Thnpn»otvdUij«at theTrfatyof Eaaton, 
reCflTTBd lo. are rf!iit*><l fully inSmlth'KNew jMmey. -tV; In Peon. Col. Reconl. VIU.. 
174-SM, and the rvsulta ore brlellj mimmariced In N. J. ArchlreB, IX.. IWMi.-tW. 5.J 




17fi8] ADMIinSTRATTOW OF OOVBRWOR FRAWKLTK. 

The pains which appear by yoiir Letter, N? 7 to have 
been taken by the Assembly to conceal from you their 
proceedings upon the Letter from the AsHembly of 
Massachusetts Bay, shews but too plainly the sense 
they had of the measures they were about to pursue, 
& it is very pi-oper that M^ Skinuer should know that 
his Conduct upon this Occasion has not escaped His 
Majesty's Notice. 1 am &c^ 

HlLLSBOBOCGH 



frder in Council appointinr/ Richard Slnrkton, Esq.^ 
lo be of tlti' Coutifil of New Jt^rsey^ in thf ntom of 
Samiui Woodruff, Esq.y deceased. 

fFram P. EL O. AueiHcA ana West Indies, VoL 10?.} 

p***. At the Court at S^* James's the 2^" 
ll^l l^^Y OF November 1768. 

Present 



The King« most Excellent Majesty in Conncil. 

Wlteretis there was tliis Day read at the Board, a 
Kopresentation from the Loixls Comuiissioiiers for 
Trade ;md PlauUitiuns, dated the r> of tliis Instant 
Setting forth, Tliat Samuel VV^oodruff Esquii-e, onu of 
His Majestys Council for the province of New Jersey, 
is Dead, and that Kichaid Stockton Esquire hath been 
recoiumeuded to the said Lords Conniiissioners, as a 
person evei-y way Qualifi'»d to serve his Majesty in that 
Station, they therefore Immbly jiropose, that he may be 
appointed of His Mnje.stys CJounoil in that province in 
the room of the said M' Woodruff deceased His Maj- 
esty in Council appr(.»ving thereof, is pleased to Ortier, 
as it is hereby Ordered, that the said Richaid Stockton 



60 



ADMINISTKATION OP UOVBRNOK FKANKLl.V. [1768 



Es(|uire be constituted and ap|M)intLHi a Member of His 
Majfstys said Council for the province of New Jersey, 
in tJie room of the said Samuel Woodruffe Esquire de- 
ceivsed fitid that the Right Honoiable the Earl of 
Hillsborough, one of His Majestys principal Secretaries 
of State do cause the Usual Warrant to l>e prei)ai'eti 
for His Majestys Royal Signature accordingly' 

W. Blair. 



Letter from Secretary Hillshorowj/i to Gov. FrnnkUn, 
relative to tlie New Jersey InU for issuimj £|tH),oiM) 
and the unwarrantable proceediufjs of the Assem- 
bly in connection therewith. 

[Wnm F. & O. AmerteA and West liidiuiL Vol. 173 (10l).t 

Whitehall Novf 15* 1768 
Governor of New Jersey 

Sir, 

I liave received and laid before the Kiug your Dis- 
patches to me uumbervd 9. H>. 11. 12. Of these Dis- 
patches the only one upon which I have any commands 
from His Majesty is tliat nnml>ered v», in which you 
desire to be instructed, whether you may give your 
aasent to an Act for emitting €l*"i,ooi) in Bills of Ci'odit 
upon Loan, without a Clause suspending its execution, 
until His Majesty's pleasure can be known, provided 
the Bills are not made a legal Tender, and the Interest 
is appropriated to publick purposes. 

If the whole merit of this measure depended upon 
these circtunstances, and it did require no other restric- 
tion and limitation. His Majesty's consent would seem 
to follow of course; luit tbe King apprehends that this 



For ■ sketcb of Richard Stockton, soe po»f, trader dmt« of Fctmuur K, 17T4. 



1768] An«I\lSTKAT!OTr OF OOVERNOR FBASKLIK. 



61 



is by no means the case, and thinks that the necessity 
there is for so large a Sum as this is, the nature and 
extent of the public Services to he provided for, and 
the Fund and Security for the redemption of the Bills, 
are some, amongst many other material circumstances, 
necessary to be fully set foith and explained, bcfoi-e 
His Majesty can decide upon the propriety of the 
measure; and therefore His Majesty does not think fit, 
that any Law of this kind should be assented to by 
you, unless a Di-aft of the Bill luis been first transmit- 
ted, for His Majesty's approbation, or that thei*e is a 
Clause suspending its execution, until His Majesty's 
pleasure can he known. 

The petition to His Majesty of the House of Repre- 
sentatives of New Jersey on the subject of some late 
Acts of Parhament, which Petition is mentioned by 
you, in your lA^ter X" 5. to have been agreed upon by 
the Assembly has not yet been received from you 
(which is undoubtt^dly the proper Channel through 
which it should i>ass to the Throne) nor has it been 
presented by any othei' person, although ])rinted and 
published uniier the direction of the Aasembly, a Pro- 
ceeding which His Majesty cannot but consider as 
most imwarrantable & disi-esijectful. 

Inclosed I send you His Majesty's speech to His 
Parhament at the opening of the Session on the >*'!' in- 
stant, t^jgether witli the Addn^sses to the King from 
both Houses, one of which Addr-esses passed nemine 
contradicente, and the other without a division. 

This happy unanimity and the resolutiou to preserve 
entire & inviolate the sujireme authority of the Le^s- 
lature of G-reat Britain over every ])art of thi- British 
Empire, so strongly expressed in these Adtb^esses, will, 
I trust, have the happy effect to defeat and disappoint 
the wicked Views of those, who set'k t^) create disunion 
and (hsiiffection between Givat Britain & her Colonies, 
and that all His Majesty's Sul>jects in Ameinca.. who 



68 ADWrNISTRATIOK OP (HJVHRN'OR PRANKUIT. [1768 

wish well to the peace and prosperity of the British 
Dominions, will give full credit to Parliament for that 
time affection towai-ds the Colonies, which appeals in 
the declaration tliat they will redress every real griev- 
ance of His Maje-sty's American Subjects, and give due 
Attention to every Complaint they shall make in a 
i-egular manner, and founded upon principle's not in- 
consistent with the Constitution. 

I have the pleasure to acijuaint yon that the Queen 
wati happily brought to bed of a I'rincess on Tuosilay 
last, & that both Her Majesty and the young Princess 
are as well as can be desired. 1 most heartily congrat- 
ulate you upon this inci-ease of the royal Family, an 
Event that affords the greatest satisfaction to all His 
Majesty's Subjects. I am &c' 

HlLI^BOBUUOH 



fjetler from Chief -Just ice Stnyth to the Earl of ^Hi lis- 
iMJVomjh, relative to the insufficiency of his Sftlnrt/, 

(t-'rom p. R. O. and We«t IihUm. Vol. 174 (198), | 

New Jersey Novt i^o*?* iTfiS 
Mi/ [jnd^ 

On the i-ecommondation of Lord North, M' Charles 
Townshend, M- Attorney General, D?" Hay, and M^ 
Bncon, of Norfolk, about four yeais ago I was ap- 
pointee! Chief -Justice of New-Jei'sey. 

[f the Lettei's which I had the happiness to obtain 
from your Loi-dship, audotbei-s of His Maji^stys Minis- 
t^'i's, at the time 1 left Kngiand, to the (Tovernorof this 
province, had produced that effect in the Assembly of 
New-Jer*sey in my l»eluilf which might reasonably have 
l>een expt'i:t-etl, I shr>uUl have now no occasion to 
trouble your Loi-dship with this application; hut after 
having residwl in this province so many yeai-s, con- 



1768] ADillNISTRATIOX iiV OOVKRNOR PRANKUN. 



03 



stantly engaged in the duty of my station, with a con- 
duct iiTeproachable even in times of the utmost danger, 
and difficulty, so far from any support or allowance 
from this Country adeqiuite to my station or sei-vices, 
my applications to the A8semi>ly for that puipose, 
repeated at evei*y Session, have been hitherto utterly 
disregarded. 

My circumstances are such that I should not have al- 
lowed! my self to continue in an ufficeof the Crown which 
I am obliged to till almost at my own j»rivato oxpenco. 
if I had not been assured befoi*e I left England that 
the Judges in the Colonies might expect to receive 
their Salaiics from the Crown, and be made indepen- 
dent of the i-Mfople. 

The language of a late Act of Parliament gave me 
farther hoi>es that this measure would he accomplished. 

I have also ha<l in view tlie instance of the late Chief- 
Justice of New-York, who to compensate the neglect 
of the Assembly obtaine<l a Mandanuis for the pay- 
ment of £5i"i Sterling pr. ann out of the Quit i-ents 
due t5 the Crown in tliat Provmce. 

But by some infoi-matiou I have lately i-eceivnd frrnu 
the Agent of this Colony, it seems now to be doubtful! 
if any alteration will take place with respect to the 
payment of the Judges in general in the Colonies. 

The Governor of this Province assures me that he 
has 80 often applied to your Lordship and the Ministry 
from time to time in my behalf, that I am unwilling 
to trouble him farther; tho' 1 know my application to 
your Lordship would l>e more regular through him. 
But permit me my Loixl once more to ])eg the honour 
of your fiatronage and assistance, that the bounty of 
the CiT)wn may be extended to me as s(»me ivward for 
past services, and as an encouragement to continue 
the same resolution and addivss in tlie disi-liarge of the 
duty of my station, which 1 will hv liold to nay has 



H 



AnMlNI8TRATI0.V OP OOVKRNOR FRAXKLTN. [1768 



hitherto contributed very greatly to the pi^eservation 
of that order, and regularity, for which this province 
has been particularly ilistinguiHiied. 
I am my Lord with the utmost rL*siX!ct 
Your Lonlships most (»blig'- obed' Hum*"' S(»rv^ 

Fredekic Sm^th. 



Letter from Gov. Frankiin to the Earl of HiUsborough^ 
fiefemliuff Iiis Conduct dnriufj the last St<.VfioH of 
the Astteinljiy of New Jerwy against the Censtirvif 
of his Lordshij). 

IFrom p. p. R. O.. America &nd Wen iDtlii^s, VoL tTi Utt)l 

BuKLiNOTON New Jersey Novf :j;r' 17«8 

To the Rt Hon**^^ the Eiirl of Hillsl)orougli 

My Lord, 
The Animadversions and Censures which yoiu- Loi*d- 
^r*- ship, in your Tjetter Nn. IS. has thought proper to 
make upon my Conduct during the last Session of the 
Assembly of this Colony, give me much Concern; but 
my Uneasiness would hv. fai- gi'oator wei*e I not con- 
scious that they are unmerited* and tliat it is in ray 
Power to prove them so to every impartial Person. 
As such, I flatter niyself 1 may addix^s your lx>ixlship, 
as you have, with the greatest Ai>y>earance of Candor 
and Impartiality, Ix'en kindly pleas'd to say. ''that 
*'you should be happy, by my Explanation of the Mo- 
" fives of my Conduct, to find that then? has n<»t been 
**so just Ui-ounds foi" those Animadversions a^ you 
**have too much Foundation to appixdiend." This 
Explanation, my Lord. [ shall therofni*e give you fidly 
and freely, as it is a Duty 1 owe to your Loixisliip's 
Station, and to my own Chai-acter. 



1708] ADMIXI8TRATI0K OF GOVERNOR FRANKUN. 



05 



The lii*9t Matter mentioned by your Lordship is. 
That ** His Majesty is concerned to find by the 
** printed Votes of the House of Repi-esentativen, 
'* (transmitted by me) that they have thought fit. by 
** their Resolutions and Proceedings, if not openly to 
"deny at least to draw into Question the Power and 
'* Authority of Pailiament to enact Laws binding upon 
*' the Colonies in all Cases whatever." As this I'elates 
to the Assembly only, whose Sentiments or Conduct I 
am no ways (concerned to vindicate, an<l as [ have my- 
self neither openly nor pnvately deny'd or call'd in 
question the Power of Parliament, it is not necessary 
for me to urge any thing in my own Behalf on this 
Head. I shall therefore only observe to your Lordship, 
that the Ki^ht of Parliament to lay Taxes on the Col- 
onies is not questioned by the Assembly of New-Jersey 
alone, but also by every other House of Repi'esentatives 
on the Continent. Your Lordship, however, says 
•^•The King is the more sxii*priz'd at such a Conduct in 
"his Assembly of Ne.w-Jersey^ when His Majesty con- 
** siders the Example set them by the Assemblies of 
^' the neighbouring Colonies of iVew- ForA: and Pensyl- 
'*i/a/iia, who appeal" to have enteiiained a very jntit 
'* s^rise of the unwarrantable Meiisure reconunended 
''by the Assembly of M:^s8achusets Bay.'* But I do 
assure you my Lord, that whoever gave the King sucli 
Infonnation i-especting the Assemblies of New-York 
and Pensylvania, has been gi-eatly mistaken. The 
Assembly of New-York had it not even in their Power 
to set such an Example, had they so iucliu'd, for they 
never met fn>ni the Time the Massachusets Circular 
Letter was wrote till the i:7"' of last Month, which was 
above Six Months after the Meeting of the New Jei-sey 
Assembly, and even Two Months atVr the Date of 
your Lcirdship's Letter now before me. After they 
had met some Time, 1 happened to j)ass thro' New 
York in uiy Way Home from the late Congress, when 
6 



66 



ADHIXISTR-ITIOK OF OOVEHJiOR FRASKU-V, 



fl7r>8 



I was iufonn'd by some of the pnncipal Gentlemen 
there, that the House was a good deal eiiib;irras'd aliout 
tho Massaohuset's I_^tter. Sorae of the Membei-s were 
for Suppressing it totally, being apprehensive that 
thpy wotiid involve themselves or the Colony in j^onie 
Difficulties with (y^jverument, should they take that 
Notice of it which tliey would think themselves under 
the Necessity of doing, if it was oncv laid before them. 
Other Members were for having it immediately com- 
municatetl U> the House, aw they should otherwise, 
they said, lose their Interests imd Characters with 
their Constituents, and excite their Kesentment for 
having given up their essential Rights and Pnvileges. 
in this Dilemma weivi they for a few Da>T> after their 
Meeting, till at length they Jigreed, to postiKine the 
I^aying of the Massachusets ij?tter hefoi*e the House 
till they had compieated the Business of the Session, 
and that their Speaker should only lay l>efore them the 
Lett-er he had receiv'd from the Speaker of the House 
of Bui-gesses in Virginia; the Contents of which wei-e 
not known in England when your Lonlship^s Letter, 
directing the Governor to prorogue or dissolve the As- 
semblies in case of their rec^eiving. &c. of the Massa- 
chuset's Letter, was wi-ote. This Account, as I before 
mentioned, I had from some of the principal Gentle- 
men of New York, and the printe<l Journals of the 
Assembly seem to comfirm it. For not the least Notiw 
is thei-e yet taken of the Massachusetts Letter, but it 
appears that the one from Virginia (which f believe 
your liordship will think full as exceptionable as the 
other) was laid before the House by the Speaker; when, 
so far were the Assembly from inclining to set such 
an Example, as your Ix>iYlshii> mentions, to the other 
Colonies, that they soon detennin'd to follow the Ex- 
ample of MasHachuset's Bay in the same Manner as 
hail been done before by Virginia. In Pui-snaiu* of 
this lti'st»lution, they made the following l)i-der, viz: 



1708] 



ADMIKISTBATION OF «OVEBNOR FRANKMN. 



fi7 




'* Ordere<l, That a Committee be appointed to draw np 
**an humble, dutiful, aiid loyal Peiiiiou to His Majes- 
**ty, a Memorial to the Lords, and a Remonstrance to 
"the Commons of (ireat Britain, praying Relief fi'om 
**the Grievances His Majesty's Subjects within this 
'* Colony labour luider, from the Act of Parliament 
** passed in the Sixth Sessions of the last Parliament, 
"imiKwing Duties in tlie Colonies for the Purpose of 
**Raisinj;c a Revenue, and of the neveral other Acts 
*'pafise<i by tliat Parliament, relative to the Colonies; 
"and a Committ-ee was apjwinted accoi'dingly." And 
since this Order, they have resolved ** That they will 
"di-aw up proper and constitutional Resolves aMiertintj 
*'tbe Rujhts of His Majesty's Subjects within the Cot- 
tony, which they (X)nceive have been gr^a.tly nbridged 
*'and infringed by several Acts passe^i hy the last Par- 
"liament of fxreat Britain.'* These Proceedings. 1 
doubt not, will convince your Lordship, that however 
blameable the Conduct of the Assembly of New Jersey 
may be. that of New York is not tuaterially different. 
Nor is the Instance of the Behaviour of the Assembly 
of Pensylvania, on this Occasion, any moi-e applicable 
t») the Pmiiose than the other. To convince your 
Lonlship of the Tnith of this Assertion, I shall quote 
the Account puhlish'd by some of the leading Memliers 
of the House, to obviate the Reflections which had 
been cast uix)n them by manj- of their Constituents 
for having too much slighted the Massachusetts Letter, 
and for having avoided going iiit<^» the Measure therein 
recommended. It is as follows, \iz. "Philadelphia 
'* July 35. I76H. We can assure the Publick. that the 
" Assemlily of this Province so early a*? Febmary last, 
**took into their Consideration the Act of Parliament 
*' imposing a Duty on Paper, Gla.ss, &c. and there- 
'* U|)on, under a ftense of the Oppreasion of that Act, 
•* prepared and sent to their Agents in Jjondon,//*// 
*'aud positive Instructions to UHiie with the Agents 



68 



ADMIKiSTRATCOK OF 60VERX0B FRINKUK. [l768 



of the other Colonies in an Applica tiou to Parluinient, 

* praying a Rei>eal tliereoi*. That this was long before 
'*the Roceipt of the Circular Letter from the Ass?' of 

* the Massachusets Bay, & hefore the House could cer- 
tainly know what Measures would l)e pureued by the 

' Legislature of that or any other Colony. That upon 
'the lieeeipt of the Circular Letter by the Speaker of 
'•this Province, which was after the Adjournment ot 
'*the House, he immediately wrote to the S|)eaker.of 
the Massachusets Bay, acknowledging it, and assm*- 
'*ing him that he should take the earliejil opportunity 
"of laying it before the Assembly of this Pi-ovince, 
'That this 7vas done in the May Sitting. But as the 
House had before given the al>ove mentioned In- 
"fltructions to their Agents, in a good Degree antici- 
'^patiug the Design of the Circular Ijetter, and con- 
' eluded that they should be more capuble of pursuing 
'the Measures proper and necesvsary to i^upport the 
' Rights of the Colonies, from Information which they 
"• expected to i-eceive from their Agents and otherwise, 
'*they postpouetl the further consideration of that 
Letter, and other publick Business, to their Sitting 
in September, and adjourned to an earlier Day in 
'* that Month than tisual, for ttiat Pztrpose — when 
"thei-e is not the least room to doubt but that they 
will pursue every Measure that shall he further 
necessary to ri&ser/ Ihe Rig/Us af Anieri^xt in gen- 
eral^ and those of tlieir constituents in particular.'* 
When the Assembly met in September they ac- 
cordingly resumed the CJonsideration of this Mat- 
ter, and besides agreeing upon Petitions to the King 
and Parhament, came to the following liesohitions. 
upon your Loixlship's Letter to their Governor, viz^ 

"Resolved. That by the Charter of Privileges 
"granted by WilUam Penn, Esq^he first Propriet/or 
**of the Province, and by Laws coniirmatory thereof, 
*' which have ivceived the Koyal A|>pi*obation, the 



'68] ADMINISTRATION OF (iOVEKNOR FRANKLIN. 



69 



" (General Assemblies of this Province have an uu- 
'* doubted Right to sit on their own Adjouinnients, 
•■'and the (:k)vemor for the Time being cannot on any 
** Pretence whatsoever prorogue or diasolve them. 
" Resolvefl, That it is the indisputable and inherent 
"Bight of the General Assemblies of this Pioviiice at 
"all Times to receive Letters from any or all of the 
" Representative Bodys of the People of the other Col- 
'* ouies respecting the Greivances of the said Colonies, 
"and in Consetjuence thereof to form and jH-esent de- 
" cent and dutiful Petitions to the King or the Parlia- 
'* ment for Redress." 

My Motive in pving your Lordshii> so paiiicidar an 
account of the Transactions of the Assemblies of New 
York and Pennsylvania, is not to palliate or justify 
the Conduct of the Assembly of New Jei*sey, but 
merely to shew that they have not been singular on the 
occasion, and that even the Colonies whicli bis Majesty 
thought had set them an Kxample to the contrary, 
had acted in a manner nearly similar. Indeed I tliink 
it my Duty tro assiire your Tjordship, while I am on 
this Subject, that it is my firm Opinion, That there is 
scarce an Assembly man in America, but wliat either 
believes that the Parliament has not a Right to imj^oso 
Taxes for tlie Purposes of a Revenue in America, or 
thinks tliat it is contrary to Justice, E(iuity and Sound 
Policy to exercise that Right, under the present Cir- 
Icumstances of the Colonies, sup|X)sing it ever so 
unciupHtional>Ie. 

The Disputes between Great Britain and her Colo- 
jnicfi on this Head are of the utmt»td Inijwrtance to the 
British Interest, and tho' they have now sul)Histed for 
several years seem not the neariT being settled. The 
Parliament, it is tine, did by an Act passed in the 
the »'»*'' year of his present Majesty, tietdai'e that they 
had full Power & Authority to make Laws l>inding 
upon the Colonies in all Cases, whatever; and this 



ro 



ADMIKISTRATION OF GOVERNOR FRANKLIK, [1768 



Act, tho' it was far from satisfying the Minds of the 
Colonists as to tho Point of Right, yet they in general 
qiiit'tly acquiescM in it. upon a Supposition that the 
Parliament wonkl l>e content^i with having made 
that Declaration of their Power, and never attempt to 
exercise it moiv in mising a Revenue within the Colo- 
nies. But when an Act ixissed last year ** for grant- 
ing certain Duties in the Colonies & Plantations in 
America,'* it immediately ivkindlwl the Flame that 
had subsided from the Time of the 8tamp Act, and 
has occasioned as general Dissatisfaction and Uneasi- 
ness as ever prevailed among any People. A Military 
Force has been sent over, which I believe, will havH 
the go*xl Effect to prevent such scandalous Riots, and 
Attacks on the Officers of Government, as hm\ before 
prevaiPd in the Town of Boston, and probably l»e n 
Means of hiiidring (for some Time at least) any public 
Opposition l^eiug given to the Execution of Acts of 
Parliament. But this does not i-emove the principal 
Difficulty. Mens Minds are soui'd, a sullen Discon- 
tent prevails, and, in ray Opinion, no Foi-ce on Elarth 
is sufficient to make the Assemblies acknowItKlge, by 
any Act of theii*s, that the Parliament has a Right to 
impose Taxes on America. And tho' the People may, 
for a while, avoid juiblickly opix>sing Duties and 
Taxes laid on tliem by (livat BriUiin, yet 1 apprehend 
that, as long as this Temper continues, they will do all 
in their Power, in their private Capacities, U> prevent 
the consumption of British Mauufactui'es in the Colo- 
nies, that the Mother Country may thereby lose more 
in her Commerce tljaii she can possibly gain by way 
of Revenue. 

Having given your Loixiship, as I thought it my 
Doty to do. this Information respecting the Senti- 
ments & Dis|M»sition of the Assemblies and Pt*ople of 
the Colonies in general, I shall now piocei'd to those 
Parts of your Lonlship's Letter which i)articularly 



nrt8] ADMINI8TKATI0K OF fiOVERNOR FRANKLIN'. 



71 



concern myself. Your Loi-dship is pleatw^d to obs*^rve 
"that my entire Ignorance of what was passing in 
"the AssemMy concerning the Letter from the Mas- 
"sachusots Bay, which was the constant Object of 
** their Deliberations almost from Day to Day for a 
"Course of more than three Weeks, hetmys a very 
**blameable Inattention to my Duty." There are two 
MistaJces in this Observation of your Tjorrlship. In 
the first Place I was not eitfireiy ignorant of what 
was doing in the Assembly concerning the Letter, 
nor was the I^etter the constant Object of theii' Delib- 
erations almost from Day to Day; and T cannot but be 
snrpriz'd where your Lordship could get such Infor- 
mation. It could not come from me; for 1 expressly 
told your Lordship in my Letter N? 5, "that I saw it 

i" mentionetl on their Minutes [which are gfr^nenilly 
"delivei'od to me every Kvejiiug during the Session] 
**that such a Ijetter had been laid befoie the House, 
"and a Committee appointed to ]ii'(»pare and brhig in 
**a Dmft of a l^etter in Answer thei-eto." and tliat '* I 
^^fhen made Enquiry concerning it, and learnt tliat it 
"wa5 not likely to have much Weight with the As- 
*'sembly/* And as to the other Point it is evident by 
the Minutes of Assembly whi<:h I sent your Loj-dship, 
that the Letter was only rrad the 15^'' and taken into 
^_ Consideration the l»i"' of April when a Committee was 
^pappomted to prepare and bring in an Answer; and 
from that Time to the End of the session, which was 
the lt>*" of May, not the least Notice was taken of the 
Letter, nor even Mention made whether there was or 
was not an Answer prepaivd. This it was that led 
me to think that they had declined answering it at all» 
hut it has since appeared that an Answer was wmte & 
Bent, tho' neglected to be entei-ed on the Minutes. If 
your Lonlship means that the Subject on wliich they 
T»etitioned His Mnj^s^ty was daily an Object of their 
Deliberations, that too will be found to be a Mistake, 



w 



ADMINrSTRATION OF OOVERHOR PaANKUS. 



1708 



for it was not taken into Consideration at all till the 
22* of April, when a Committee was ordered to pre- 
pare a Draft of a Petition, and from that Time till the 
a'!" of May following. wh**n the Draft was broiight in, 
no Notice whatever was taken of the Matter. It re- 
ceived a Second Reading, was amended, and ordered 
to be engrossed the next Day; which being done it was 
signed of course, and ordered to be transmitte<i to the 
Agent. The Chief Object of their Attention during 
the Session was indeed a Bill for a Paper Cun-ency, 
and tho' they went thm' a consideral)le Deal of other 
Business, yet they spent very httle Time on any one 
Matter except that particular Bill. 

It is true, that *' I did not (as 1 acquainted your 
''Loixiship) A'//o'r that the Massacliuset's Letter was 
"^receird liy the Si>eaker of the Assembly of this Ool- 
'* ony till I saw it mentioned on their Minutes," I 
had a shoit Time liefore, indeed, read in a Newspaj^er 
'*That the Assembly of Muss'* Hay had agreed to send 
Lettei-s to the several Assemblies on the Continent, 
recommending it to theiu to join in humble dutifid & 
loyal Petitions to His Majesty &" respecting the late 
Act t>f the Parliament granting duties in the Colonies." 
But I never heard anything moi-e of the Matter till I 
went to Amboy to meet the Assembly, which was 
in about six Weeks after. Nor would this appear 
strange to your Loi-dshi]) if you knew my situation. 
I live in a very Small Town where tliere is Scarce any 
Business carrieil on with any other Place, and no Posts 
passing through it, we have not so quick, nor so full, 
or regular Intelligence of Occurrences in the other 
Colonies as tliey have in most of the other Seats of Oov- 
ernment in America. At the Time of Year the Massa- 
chusetts Letter is ilated, viz^ in tlie Month of February, 
and for near a Month after, our Commerce with Piiil- 
adelphia, from wlionce we get the chit*f Part of our 
Intelligence, is generally stop'd for several Weeks 




ADMlNtSTHATION OF OOVERNOB FnAXKUK 



73 



togetber on Account of the Ice in the River Delaware, 

The Speaker of the New Jersey Assembly resides at 

Amboy, Fifty Miles from this Place, and as we seldom 

rrespond, 1 had Imt little Chance of hearing that he 

ad receiv'd a Letter fi-orn the Mass^ Speakei* until I 

me to Amboy. I arrived there the 11 V' of April, and 

as to have met the Apseinbiy the next Day, but a 

sufficient Numl>er of Members to make a House did 

not appear till the 1.1*" Tlie Speaker had not in this 

Time thought proper to inform me of his liaving 

receiv'd any Letter fi'om the Mass^' Bay, nor did he 

think it neceasary to mention anything of the Matter 

to me. This too, I believe, was the Conduct of every 

C other Speaker wlio receivVl such a Tjetter to every other 
povernor. They look'd u]X)n it as belonging to the 
Assembly alone to whom it was directed, and that no 
other Pei-sons whatever in the Pi*ovince ha<l or ought 
|o have any Concern with it. However when the 
Minutes of the 15"' were brought to me in the Eve- 
ning, and I found that such a letter had boon received 
and that Day laid before the House, I immediately 
made Knquiry concerning it, ^nd was informM tliat it 

I was only a Letter to acquaint them with what the 
lA^ssembly of Massachusets Bay had said in the Peti- 
tions & Representations they had sent to England 
i^cainst Some later Acts of F^arliament, and requesting 
khem. if tliey view*d those Acts in the same Light, 
that they would hkewise petition against them. This, 
one of the Mernbei-s informVl me. was the Snhstance 
of the Letter, but lie at the same Time said that he 
believed it would have very little Wi^iglit witii the 
ouse; however, 1 might rely that thei'e was no Dau- 
r of their going into any Measures with the Mass'* 
sembly, unleHS it might be so fai' as to petition Hia 
ajesty, and to rotuin them a complaisant AnsAver to 
heir Letter. As I nxieivM this Information from one 
iu whom I had a Confidence, 1 became easy as to that 



74 



ADMISISTRATIOK OF OOVKRKOR FBANKU5. [1768 



Matter. Soon after I was taken extremely ill with a 
Fever, which confined rae to ray Bed for ab*>ut Ten 
days, so that it was not in ray Power to attend much 
to any Business, and in a few Days after I recovered 
the Assembly having gone thro' their Business, desired 
to be disraissod, and I iiroro^ued thera accordingly. I 
had observeil by the Minutes which were brought me 
a Day or two before the House was dismissVI, that a 
Petition to his Majesty was agreed upon, but tlie Peti- 
tion itself was not entei-ed in the Coj)y of the Miuutes 
sent to me, but only the Place marked where it was to 
Iks inserted. T had, however, no Reason to imagine 
that the Petition would be worded in such a Manner 
as to give Offence, as the Resolve on which it was 
founded was couched in the following respectful 
Words* viz* *'Rc»solved, That an humble dutiful <& 
** loyal Petition be presented to His Majesty, huujbly 
" bc-s^eecthing him to take the distressed Condition of 
** the Colonies iu general, and this in particular, into 
"his paternal Consideration; and theiem making 
" Such Repi*esentations to His Majesty, as may best 
" tend to obtain Redress from tlie Laws complaineil 
"of." And Seveml of the Members have since told 
nie that it was theii* Intention, and they thought they 
had carefully avoided giving any iK>ssible Cause of 
Offence, for as to the Passage wherein they appear to 
call ID question the Right of Parliament to impose 
Taxes on the Colonies, it was in their Opinion ex- 
preesM in Language as humble and diffident as the 
Nature of the Case wiHild admit: For that they had 
not deny'd the Power, but only said in their Petition, 
" That it was a Taxation up(m them fi-om wiiirh they 
'* concfiverf they ought to be pi-otect^d by the acknowl- 
■*edgM Principles of the Constitution that Freemen 
'* cannot Ik» tax'd but by themselves or their Kepresen- 
'* tatives,'' &? They added. That the Cause of their Pe- 
titioning the King was not so much the Quantum of the 



176^] 



AOMINISTRATIOK OF OOVERNOU FRAXKUN, 



75 



: 



Tax iiui)Os'd iipon them, as its being imposed by a Body 
of Men anions whom they bad no Representatives, and 
that therefoiv they might as well not have petitionVl 
at all, as not to have mentioned their Sentimenti; on 
this Head. However, as I inform'd your Loixlship in 
my former I^etter, I never saw the Petition till it 
was printe<l in the Minutes, which was several Weeks 
after the Assembly wore prorogued; and when I said, 
in my Letter to your Lordship, That '* the House 
*' had a^^reed that an hunihlH dutiful *!t loyal Addivss 
"" shoidd be prepared & sent tAj His Majesty " 1 did not 
mean that I thought it such, or indeed to give any 
Opinion of it whatever, bnt only to quote the very 
Wt>rd-s of the Resolve on which it was founded. But 
if I had seen the Petition immediately after it was 
agreed to, it would not have l»tM;jn in my Power t(» have 
prevented their transmitting it to England; for had T 
either prorogued or dissolved them upon it, the Mem- 
bers could have sent it to their Agent notwithst^^nding. 
I must, however l>eg your Lonlsliip to remember fhat 
T had not at that Time, nor for Five Weeks after the 
House was promgued, and near a Month after that 
Assembly bad t>een actually dissolved, received your 
Lordship's Jjetterof the 21V of Apiil, enclosing a Copy 
of the Massacluiseis Circular Letter, and directing me, 
if *' there should appear in the Assembly of this Prov- 
•' incea Disposition t(» !*eceive or give any Countenance 
'* t« that seditious Paper, to prevent any Proceeding 
•• upon it. by an immediate Prorogation or Dissolu- 
''tion." H;id 1 rtnieivM your Ixmlship's Letter before 
or during the Sitting of the House. I should most cer- 
tainly have obeyM the Directions it contained; !>ut as I 
bad never st^n the Massaclmset's Letter, nor ha<l any 
" other Knowledge of its Contents but what I had from 
a MemV»er tus before mentioiiM, 1 apprehend I could 
not witli any Pi'opriety have prorogued or dissolved 
them for Receiving and Answering it or for agreemg 



76 



ADMINISTRATtOX OP GOVEKKOK FRAVKUN. 



[176H 



to petition His Majesty on the Subject of the late Acts 
of Parliament. Petitioning the King is generally 
deemVl an inherent Right of the Subject, provided the 
Language be decent, and had I atteuapte*! to hinder 
the Assembly from exercising this supposed Right, 
without Ordei*s frnni my Superioi"s, I had Reason 
to apprehend that T should not only have been 
accused here of an unwarrantable Stretch of Power, 
but have been blamed by His Majesty and his 
Ministers: For» in a Letter which I had the Hon- 
our of i-eceiving from your Lordship's immediate 
Predecessor in the American Department, (aft-er 
mentioning His Majestys Gracious ApproWtion of 
my Conduct) is this Paragraph, viz, *'The^.*JC 
*' and Honor of His Majesty's Government in America 
" will greatly deperul on the Temper and Wisdom of 
** those who are entrusted with the Administration 
"there. A Conduct regulated by just and liberal 
**pnnriples, sufTeriTig no Encir)achments on the one 
**Hand, on His Majesty's just & lawful Pi-erogative, 
" and on the other, beholding with Pleasure the pru 
•* dent and decent Exercise of that Frei'dom which lie- 
'* Inug.H to the People j cannot fail engaging the Hearts 
" of His Majesty's American Subjects and of continu- 
''ing in New Jersey that dutiful nisi)osition towards 
" His Majesty & Confidence in ()ovt»rumt'nt, which you 
''represent, so nnich to its Honour to have |)rovailo<l 
''there."— It is on these Principles, my Loi-d, that I 
have constantly acte^l since I have had the Honor to 
IH'eside in this Government, and I have Reas<-)n to 
think that it is in a great Measure owing to such Con- 
duct that this Province has occasioned no Trouble to 
Adniinistmtion. and been kept so quiet during the late 
&. present Disturbances in America. It had His Maj- 
esty's Apim^bation at the Time of the Stiim]j Act. and 
I was in liojjes that the Mke Cause wouhl havn prf>- 
duc'd the like Effect on the present Occasion. 



1768] APMiyiSTRATIUN OP OOVKRUOR FRANKLIN. 77 

Your I^>r(l8hip pi-oct^edH to say, *' That my declaiming 
*' when fully appiiz'd of these? Proceedings [of the As- 
** sembly] that I liml no Reason to believe tliere was a 
" Disposition in tlie I'eojtle to enter into any unwar- 
** rantable Combinations with the Massachusetts As- 
*' sembly indicat4»s a Disposition that does not corre- 
'*Rpond with tho.se Principfes which ought to be the 
" Rule of my Conduct." I doubt not but your Lonl- 
ship will allow, that Truth *te Honor are Fail of the 
Principles by which I ought to }>e goveni'd; and T am 
sure 1 should have acted very coiitn^iy to the Dictates 
of these, had i said I had any Reason to l>elieve there 
was at that Time a Dispositi*»n in the People to enter 
into any unwarrantable ConibinationH with the Mass'.' 
Assembly. But had they agreed to enter into any 
easures with them for Opposing the Execution of the 
Acts of Parliament they complain'd of. or gone any 
further Ijengths with them than Petitioning I should 
have deem*d it an unwarrantable Combination, and 
have immediately given all the Opposition in my 
I Power. Nothing, however, of tliis kind I was con- 
vinc'd was intended by the Assembly of New Jersey, 
and I thei-efoi*e acquainted your Lordship with my real 
Sentiments of tiieir Disposition in this n^pect. — Your 
I Lordship will wrong me if you suppose what I have 
^^eaid in Bi*liulf of the Ass*: is owing to any ])articul!ir 
^^Attachmeiit 1 have to them; — for tfieir Conduct with 
regard to His Majesty's just Prerogatives, the Publick 
U(H>d, and to myself, has been in several Instances 
such as I could by no means approve. But 1 atn not 
one of those (fovernors, and I hoj>e I never shall be, 
who because they happen to differ in ftontimonts, or 
fail in carrying a Point, with an Assembly, think 
themselves justifiable in misrepresenting all their 
Actions, cat-<:hing at every Trifle. & magnifying it to 
that Degree that it may api>ear a Matter of the utmost 
Consequence. If that was my Disposition, I could, to 



78 



ADMIXIKTItATIOK OP GOVERNOR PRANKUN. 



[1708 



be sure, very soon throw the Province into a Flame, 
involve the Assembly and People in Dis{»utes with 
Govornment, and obtain a Charaotor of l>t^in^ one of 
the most active zealous Officers in His Majesty's Ser- 
vice?; but at the siiine Time I should most jirolMibly do 
essential Hurt to the i*eal Intei^est of His Majesty and 
the Pnblick. I have always, however, when 1 con- 
ceived that the Assembly had acted coutraiy to their 
Duty, if it w;iti in a Matter of Importance, inforiird 
His Majesty's Ministers of it, bat at the same Time I 
have never omitted acquainting them with the full 
Merit due to the Assembly on other Occasions. And 
it has been a gieat Pleasure to me to find that their 
Conduct as well as my own has so often met with His 
Majesty's Approbation.— Your Lordship is the first 
Minister amon^ the Number I have had the Honor 
to transact Business with, since my Appointment to 
this Govenimeut, by whom my Conduct has been any- 
ways cenHVU'wl, or indeed from whom I have not 
i-eceiv'd some Commendation. — But what gives me 
the most Concern is, that your Lordship seems even 
to doubt if my Pi luciples are such as they ought to 
be. — It is not my Disposition to make ostent;itious 
Professions: But if my entering very early into and 
fretpiently risf|uing my Life in His Majesty*s Service: 
If my having been very active, with my Father, iu 
assisting (reneifil Briiddock and his Forces on theii; 
Arrival iu America, without any Pay or Reward ex- 
cept the Strong Commendations of the General:' If 
upon his Defeat, my going in the Depth of Winter 
and assisting my Father in erecting a Luie of Forts on 
the Frontiers of Peusylvaiaia, at a Time when the In- 
dians were Spreading Desolation and Termr through- 
out the Province, and when even the then Governor 
was for having the Inhabitants of all the Frontier 



) S«* rt«iikliii*B WorhB. I.. It»8; IViiu. Arclilrw, Tt, S» 



ADMINISTKATION OP HOVBRXOH FBANKUN. 



79 



►unties al)andon theii* Settlements, but which they 
rere prevented from doing only by the Measures 
which we took for their Protection:' If the Approba- 
tion of all His Majesty's Ministers, and the Acknowl- 
edgment of all the Commanders in Chief of the King's 
Forces in Ajuerica, on Account of ray Activity, Zeal, 
and Success in promoting His Majesty's Mea-sures, 
^fiince my Residence in New Jei*sey: — 1 say if all these 
^H^ not sufficient Testimonials that my Principles ai^ 
^^ich as ought to be the Rule of my Conduct in the 
I Station His Majesty lias honoured me with, nothiug I 
can say or do besides will be of any Avail. Your 
Ix>rdshii> was, very probably, unacquainteil witli these 
^^*irt*urastaucetf; nor should I have made any Mention 
^■f them, but in my own Justification, as your Loi*d- 
^flhi[) liad thought proper to call my Principiles in 
^^uestion. 

^V Witii i-egaixi to the Assembly's Answer to my Mes- 
^Hage desiring them t^J enable me to send youi' lyjrdship 
^^ complete Collection of the Laws, I am far from 
justifying it, and I told several of the Members, soon 
after it was presented to me, that I greatly disapproved 
I of it, and did not doubt but it would give your Lord- 
^ship ofltence. They answered that they did not mean 
^Kny, that they were a plain People not skiU'd in 
^■ourtly Language, and all they meant w^us that your 
^Hiordship should know that this Coloity had done its 
Duty in regularly transmitting their Laws to England. 
^K-l*he Reason why 1 applyVl tu them on this otxrasion 
^Kras, because I had not a complete Collection of the 
^HiAws myself, nor knew where to get them to transmit 
^jiii your Loitlship, unless they could furuisli me with 
ihem in Piint, or enable me to (^mploy Clerks to make 
►ut a Copy in Manuscript. Some yeai's ago all that 
^ei*e thtfn in Force were collected & reprinted in Two 



8m FnnkUn'B Works. 1.. 10T-«: Peua. CoL Reconlm VIL, IMT; Pftitoa'fi Fmnk* 
.U 961-9, 



'So ADMtXlBTRATION OP auVKRXOS FSANKUX. [HGS 

Volumes Folio,' but those pass'd since that Time have 
been fnjblishM separately, and many of these are out 
of Print, or in private Hands who do not chuse to part 
with them. The House generally reserve four Copie&l 
of the prinU^d Acts of each session for their own Use, 
80 tliat I was in hopes that they would have been able 
to have spar'd one of them for the l\iriK)se your Lord- 
Hhip desired, but it seems that by some means or other 
they have but one complete Copy left. The Speaker in- 
fonn'd me a few Days ago. that he had not been able aa 
yet to complete the C'ollection oitlered by the House, but 
that he was using his Endeavors, & hoped to have it 
in his Power to send it to me in a short time. The 
Assembly ^^^I1, 1 believe, at their next Session, agree 
to luive a M!' Volume published, including all the Laws 
whicli have been pass'd since the Printing of the 
Second V^olu me. - If the House i-eally considered the 
Application to tliem on this Head merely as a Request 
of youv Ijuiflship, and not na a Command from His 
Majesty, as your Lonlship apprehends they did, I 
know of no Reason for it, nor do I see why it should 
liave made, if it did make, any material Difference 
with them. Your Loi-dship, in your present Station, 
might certainly, with great Propriety, make such a 
Request, & expect it to be cumplyVl with, tho' it was 
not in pui*suance of His Majesty's particular Com 
mauds. I am inclined to think that the Assembly 
were not aware of, and did not intend, the Distinction, 
tho' their words seem to imply it. To pi*event Mis- 
takes, however, I communicated your T-.or<lship's 
Letter on the Subject to them, and st3te<l the Appli- 
cation, in my Message, exac^tly conformable to that 
Letter, viz? *'The Governor desires the House will 
•• enable him to transmit to the Right Honorable the 
"Kill I of Hillslmrongh, a complete Collection of Uie 
*' Laws of this Colony, to be laid before His Majesty^ 



I Mpvin'i tAiTB, Vol. L, inat: voi. a. iTai. 



ADMIlflSTKATIOX OP QOTBItNOR PRANKUN. 



81 



as requested in his Lonlship's Letter No. 2." And 
the Words of your Lord.ship*s Letter are, *' T liavt^ it in 
Command from His Majesty to deaire you will by 
the fii-st Opix>rtunity tmnsmit to me. fo he laid he- 
I'foTe His Majesty, a complete Collection of the I^ws 
of the Colony.'^ 

T am entirely of Opinion witli yoni- T^rdship, That 
• tlie Practice which has been but too prevalent, of 
Governors communicating to the Assemblies the 
"confidential CorresiX)ndence between them and His 
Majesty's Servants in England is big with the great- 
est Mischiefs." But my Practice I can assui^e you, 
my Jjord, lias been uniformly otherwise, and I have 
ver carefully avoided communicating to the Assembly 
y Ijet.tei" which was in its Natum the least confiden- 
tial. The letters of your Loi-dship which I laid before 
tlie House were N" 1, 2, and an Extract of N? 4 The 
fii*st was to acquaint me with His Majesty's having 
aj»pointed your Lonlship Secretary of State for the 
Colonies, arid diitrting nie to address my Dispatches 
to you for the future. This Letter was merely otlicial, 
and contained nothing of a secret or confidential Na- 
I tuiv. It has l^een always usual to ct>mmunicat«f the 
I^J^etter, Signifying the Appointment of a new Secre- 
^Bry, to the Assemblies, and no 01 Conse(iuenoe ever 
^nas or could possibly ensue from that Conimiuiication: 
Besides, as His Majesty, whenever he thinks jnoper to 
make a Requisition of an Assembly in America, 
always signifys the same by the Secretary of State for 
the American Department, it seems necessary that the 
Assembly should Know from the best Authority who 
that Seci'etai'y is, and that He is autliorized to make 
ch Requisition. The Second Letter was likewise no 
avR confidential. It was only to inform nie that you 
had it in Command from His Majesty to desire I 
would transmit to you t<) be laid before His Majesty, 
"a complete Collection of the Laws of the Colony 
6 




62 



ADMINISTRATIOK OF OOVEHNUU FRANKLIN. [I7fl8 



** uuder my Grovei*nment." As it was not in my 
Power to comply with this Desire of your Lordship, I 
I'cquestol the Assembly would enable rue to do it, and 
to shew that it was likewise a Requisition from His 
Majesty I laid the Letter itself l)efore them.— The let- 
ter N*^ 3, 1 did not coiunmnicate any Part of, but if I 
had commuuiait^'d the whole it coidd not have been 
of any ill t'uusequence, as it only contain'd a Duplicate 
of an Address to His Majesty from the House of Com- 
mons in the Year l7<wi, which had been published, and 
was well known in all th<^ Colonies in ^Vmeiica.— And 
as to the Letter N? 4, I only laid the three first Para- 
gra]>hs iM^foi-e the Assembly. The first of these was 
just lo inform me of your l^ordship having i*ecoivVl 
several of my Ivetters that were directed to the F^rlof 
Shelburne. The 'i''& 3" Paragraph areas follows, viz. 
'*The Law }>assed in June last for making Pro- 
•' vision for Quailering His Majesty's lYofips, is before 
*'the Lords of Trade for their Consideration* and it 
*' will be a gi*eat Satisfaction to His Majesty, if, uj>on 
** their Lordship's Examination of it, it shall be foimd 
** to l>e conformable to what lias been directed in that 
** Case by Act i»f Parliament." — "The very Incoming 
** Testimonies wliich have lately l>een given by almost 
"all His Majesty's Colonies, of their dutiful Submis- 
**sion and Obedience to the I^aws and Authority of 
•* the Mother Country, have given His Majesty the 
'•greatest sivtisfaction, and cannot fail of ix'storing 
** that nmtual Confidence essential to the Interest & 
" Welfare of l)oth." As the Assembly had at the 
Time 1 i*ecviv'd this Jjetter a Bill foi making Pmvision 
for Quartering the King's Trm>ps under their Consid- 
eration, it was the Opinion lK>th of I he Council & my- 
self, that these Panigraphs of your Tx)rdship*8 Letter 
would be likely, if auy thing could, to induce them to 
frame their Bill confonnable to the Act of Parliament. 
To answer this desirable I*urpose I communicate them. 



1768] ADMrKlSTRATION OF OOVEKNOR FRANKLIX. 



83 



W 



The other Parts of the Ijettei- tho' they could Scarcely 
be thought confidential, I did not think quite so proper 
for their Perusal, and therefore only gave them an 
Extract containing the above Parag;i'aphs. I'his was 
all the Communication of your Lordship's Letters 
which I have made to the Assembly, nor had I re- 
ceived any other from you till after the Assembly 
were prorogued. 1 am very Soirv your Lordflhij) has 
been so *' greatly alarmed '^ upon this Occasion. Had 
1 siis|>*vted that there was the least Probahility that 
ou would have deem *d it "an unwarrantable Devia- 
ation from my Duty, and a Disrespect to a Corre- 
* spondence directed by the King himself," to have 
laid any of your Loi-dship's Letters before the House, 
I should have been very far from doing any thing of 
the kind. But I trust your Lordship will excuse me 
when you And that nothing in its Natuj-e confidential 
has or really could have been communicated by me at 
that Time. —I might indeed, in my Letter to your Lonl- 
flhip, have assignM my Reasons for communicjiting 
thaso Lett^i's, and sliould pntliably have done it, had 
I thought the Matter of Sufficient Consequence to 
uble your Lordship with. 

But nothing coutain'd in your Lordship's Letter has 
more astonished me, than that Part where you men- 
tion that ""you have received the King's Commands to 
^*' Signify to me His Majesty's Disapprobation of my 
^K Conduct iu assenting to the Act [passed in June 
^B 17*»7] for making Provision for Quartering His Maj- 
^Hesty's Troops, uotwithstainliiig a I^'iw of the same 
^BNatuiv, paased in 1700, had been l)efoi'e rejected by 
^^His Majesty in Council, for the snine Reasons/' I 
I have that Confidence iu the Goodness & Justice of my 
Royal Master, wliich persuades me to believe that this 
could not have lia]>pened, had the Matter been rightly 
i-epi*e«ented to His Majesty. It is possible that your 
Lordship n)ay be unacquainted with theCiix-umstances 







M 



AIJMINI8TRATI0K OF tlOTERXOB PRASKLIS. [17C8 



of that Transaction, asi it was previous to your Ap- 
|iointnient to the American Dei>artroent. I must 

therefore beg leave to state theni fully to your Loixl- 
ship. that you may be the better enabled to judge 
whether my Conduct in this respect has really merited 
the Censure it has received. The first Act of Assem- 
bly for Hupplyinji; the King's Troops quartered within 
this Province with Nece^ssaiies was passed in Juiis 
170r., the Year after the Act of Parliament for that 
Purpose. When I transmitted it to the then Secre- 
tai-y of iState I wrote to him concerning it, as follows, 
**/» the Act for Supplying the sevend Bajr-acks 
*' erected in this Colony vnfh Furniture, and other 
^^Necessaries for accovimodating the King's Troops 
**in,or marching throuyh this Colony, they have, 
'* instead of S()ecifyiiig the j^everal Articles re^juinxl 
"to he furnished by the late Act of Parliameut, 
'*impowere(i the Barrack Masters to provide Fire- 
*^wood. Bedding, Blankets, d' such other Necessaries 
"OS hart' been heretofore nsnally furnished to thf 
^* several Barracks within this Colony. I did all I 
"could to prevail on them to insert the very Words 
"<»f the Act of Porlioment, and to impower the 
"Barrack Master to furnish, at the ex^>ence of the 
" Provider, the same Articles as were thei-ein i-e- 
"fjuirod. But it was to no Pnr|>ose. They s;iid they 
" had always fumish'd every Thing which was neces- 
"sary; that the Ofticers & S<jIdierK who had been 
" quni'ter'd heiv nrver coniplain'd, but on the contrary 
*' many of Ihem acknowled^M they wei*e better accom- 
" modated here than they hati ever been at Barmcks in 
** Europe: They added, that they lookVl upon the Act 
"of Parliament for quai-teiing Soldieis in America, 
"to be virtually as much an Act for laying Taxes on 
"the Inhabitants as the Stamp Act, and that it was 
" moi-e partial as the Troops woie kept in a few of the 
'* Colonies. I was therefoi-e obUg'd to take the Act as 





1788] ADMLSISXBATInK or GOVBRNOR FHANKLIK. 



K5 



"it was tendered, or to let His Majesty's Troops 
** remain unprovided with Ne<:eRsane8. I have, bow- 
'*ever, the Pleasure of finding the Regiment stationed 
" in this Province jKniectly Satisfy'd with their Quar- 
" tei*s. No Complaints whatever have l>een made to 
** me, and I believe there are but few if any Articles 
**of Conse<|uence i-equired by the Act of Parliament 
** but what they are furnished with hoiu"—! was in 
hopes, when I sent this Letter, that I should i-eceive 
an Answer to it before the next nietiting of Assembly, 
and leani whether the Act had been approved or was 
likely to be approved of by His Majesty; that I might 
thereby know how to regulate my Conduct when 
another Act for the Same Purpose should come under 
Consideration. But in this I was givatly disappointed, 
for when the Assembly met, in June following, (the 
usual Time of Year for Piissiiig thf^ Annual Bills) I 
hixd heard nothing on the Subject from the Mitiistiy: 
And as a considerable sum of Money more than was 
granted by the hist Act had been expended, I found 
myself under the^Necessity of applying to the Assem- 
bly to provide for the Repayment of that Money to 
those who had advanced it for His Majasty's Service 
on the Credit of the Province, and for a further Sup- 
ply for the King's Tr(x>j)8. Accoitiingly I told them 
in my Speech at the Opening of the Session, '*That 
" the Pi-ovision made at the last Session for Supplying 
" such of the King's Troops fis might come within this 
'* Colony with Necessaries, had prove<l considerably 
" deficient. I must tbei-efore rt^commend it to you, to 
'* discharge the sums which have I>een advance<l by 
*' the Ti^easurer & Barrack Masters on this Account, 
''and to make Provision for the further Support of 
*' those Troops in the Manner His Mujesty e.rpects, 
*' You will probably think it necessary, for the futuiv, 
"to place a greater Confidence on those Occasions in 
'* the pro|>er (^fliceivof Government (who have ,Hlways 




J 



ADMtSISTRATION OP noVERXOR PRANKUN. [1768 



" manifested their Frugality & Oeconomy with regard 
** to the Publick ; and not put them under the disagree- 
'* able Necevssity of advancing Money at the Risque of 
** their private Fortunes, or of api>lying for a Meeting 
•'of the Assembly on every new or unforween Appli<!a- 
*'tion from the Ixeneral." In then- Answer, near the 
Close of the session, they Md me, "That they had 
"made Pi-ovision by Law, for Dischaiging the Arrear- 
** ages due to the Barrack Masters, and for Supplying 
" tlie King's Trooj)s quart+^r*d in this Colony with 
''Necessaries, that would not be liable to the Incon- 
*' veniencies I hatl mentioned.*' Tlie Provision made 
by the Assembly at this Session (June 17««7) for the 
further Support of the Troops, was 5ooi; for each of 
the five Bari-acks in this Province, inst<ead of ItMii* 
allow'd the year befoi*e, and an Allowance of Vinegar 
»fe Small Beer, the only two Ai'ticles that were ivijuii'ed 
by the Act of Parliament wliich were not " heretofore 
usnnUy furniHhei.V by the Province to the King's 
Ti-oops when (|uart<a''d in Banticks. This 1 lookVl 
upon as a veiy considerable Poiiit gain'd, as here was 
an absolute CiMiipIiance with the spirit of the Art of 
Parliament, in furnishing aU the Necessanes requii^, 
tho' thei"e was some Variatiim from the Mtnle which 
that Act dii-ected. This N'ariation, it was tlie Opinion 
of His Majesty's Council and mysi^lf, was not of suffi- 
cient Im|Mjrtf»ice to justify oiu* toUil Kejection <if the 
Bill, es|)ecially as there was not the least llopes of in- 
ducing tlie Assembly to give up the Point, and as there 
was no other way that we know of in which the King's 
Tix>o|)s could l>e fiu-nished witb those Necessaries. 
Besides, at this Time 1 did not know but what the 
Law of I "till, (tho' by no means so full a Comi)liance 
with the Act of Parliament) liad met with the Royal 
Approhixtion, as I had thtut heanl nothing to the con- 
tmry. Your Lordship will theivfoiv, I ho|)e. do rae 
the Justice tt) acknowlodgr that it is greatly iiggrava 



1768] ADMINISTRATION fiK GOVERNOK PRAXKUK. 



R'T 



ing my Supposed offence, to say *' That I assoiitod to 
**a IjHW contrary to an Act of Parliament uotwith- 
^^ stand imj a Law of the same Nature, passed in IT'SB, 
^^' had been l>efore i-ejected by His Majesty in Coiindl 
"for the same Reasons." This Rei>resentation con- 
veys the Idea that 1 assents to a Law in 1767 of ex- 
actly the ,sfimekind as that of ITt^H, noUvifh standing I 
knew at tlie Time that the lattc^r had met ^vith His 
Majesty's I^isapprobatiou. On the contrary, the Law 
of I7tl7 was very matenally different from that of 
^17*i)i, it granting all the Necessaries required by Act of 
^^arlianient, which the other did not : And it was not 
even |M)SHible for me, at the Time of the June Bcssion 

K" 1 I7im to know that the Law of 17<>«i had been rejected 
y His Majesty in Council. The fii'st Intelligence 
which was sent me of it was in a Letter from the Earl 

Kf Shelhurne, dated the 7th of Augvsi I7*i7, which I 
Bceiv'd the latter End of Octolxn- following, four 
Months after that Session was over. His Ijoniship 
had indeed wrote to me on the ISthof JnJy, that " His 

I" Majesty was displeased at the Assembly for having 
r avoided a complete Oi>edien(re to an Act of the 
I* British Parliament." &c but his Lordship did not 
bve me the least Intimation in this Lettei- that my 
W^ondnct in Passing it was in any wise disapproved, nor 
acquaint me whether the New Jersey Liiw of 17*l«i was 
^j»r was not disallowed, and if he had, it was then too 
^wte to prevent the Law of 1767.^Had I understc*od 
^Before the Passing of this Law that the one passed in 
^^T*i«« was repealed, and that His Majesty disapprove 
of my Condncf in having nssenfed to it, or had I i-e- 

feiv'd any Intimation from the King's Ministers that 
must not, on any Consideration whatever, give my 
Assent to a I>aw foi* that Purpose, unless it w;is a com- 
>lete Obedience in eveiy i-espect to the Act of Parlia- 
lent, I should not on any Account have acted con- 
iry. But as I receiv'd no CV^niniaiuis or Intimations 




88 ADMIXISTBATIOK OF OOTEBKOR FRASKUS. [1708 

of the kind, 1 was induced to think that I was left to 
act, aa I had done before, in the best Manner I could 
for His Majesty's Service, & the Publick Good ; and 
that if it should not be in my Power, after using in.v 
utinunit Endeavors, to obtain these Purposes exactly in 
the Manner reqaire<l, I w;i.s then to obtain them in the 
best way I could, and not for mer»» Motles to riacnfice 
Esseutiabi. This, I know, has liitherto been the Rule 
of Conduct with several other Governoi's, as well as 
myself ; and many Instances may be given where 
Ooveniora in order to carry His Majesty's Meiisiuvs 
into Execution, and to serve the Public liave been 
oblig(*d to deviate from the strict Letter of the King's 
Instnictions. But no Instance do I reiaerabej-of the 
Cxovf Iteing blam'd for such a Deviation, especially 
where the principal End of the Instruction wiis ob- 
tained : And tho' the I)eviati»>u in the present Case is 
frt)m a Mode prescrilied by an Act of Parhament, yet 
I humbly conceive, the Siune Occasion, (,tbe King's 
Service and the Publick Inteix^st,) will justify this as 
well as the other. I do not mean, however, that Gov- 
ernoi*s have, or ought to have a Power of l)is|Xinsing 
with Acts of Parliament, but only that they may l>e 
at Lilxjrty, where Circumstances rendex it nec^ssaiy. 
to consent U* some small Devijitiou from the Mitd*% 
provided the pn'tuipal End of the Act is obt-oiu'd, and 
the Deviation is not contrary or ivpugiiant to that, 

I liavt? p(M*use<l tlie Ke|x>rt of the Boanl i>f Trade Uy 
which your Lordship ivfei*s me for " the Reasons for 
the Disallowance of the La-w of 17«»7.*' -The rirst of 
these is the Nomination of the Conmiissioners for sup- 
plying the Barracks, which is matle the Act of ibe 
Genex-al I^^alatuiv instead of the Governor and Coun- 
cil, as directed by the Act of Parliament. This I took 
a good deal of Pains to have altt^-red : and l>eforc the 
|)assing of the lust Act I went so fur as to give private 
Assurances to several of the men^bei^ tliat I would ap- 



AliMINISTRATIOX OF OOVERKOK PUANKLIN". 



SO 



lint the very same Persona Commissioners whom 
they had nominated in the Bill, provided they would 
give up that Point. They were determinal, however, 

at their Law should vary in some Instances from the 
Lct of Parliament, and seem'd to be of Opinion, that 
as they had complied with that Act so far as to grant 
all the Necessaries required, it would not be thought a 
Matter of much Consecjueuce whether the Conmiis- 
sioners were nominated in the Law, to which the Gov- 
ernor and Council gave their Assent, or by the Author- 
ity of the Governor & Council alono. But I urg'd that 
the Nomination of Commissioners for such Purposes 
was a Matt*»r wliich concern'd the Prerogative, and 
that it ought to be by the Govr & Council only even if 
ttie Act of Parliament had not particularly enjoin'd it ; 
tut all 1 could say had no Efifect, & thoy tidhered to 
their Bill. In Peusylvauia, I am told, the Barrack 
Master, who supplies the Troops with the Necessaries 
allowM by Liw, is appointed Solely by a Resolve of 
the House of Representatives. As to the Second Ob- 
jection made by the Board of Trade, I nmst inforai 
your Lonlship, that tho' the New Jersey I^aw "does 
not recite the Particulars as enumerated in the Act of 
Parliament/' yet the Words ^^ other Necessaries which 
hare been heretofore n,stuiUy furnished"' include, with 
the particular Articles that are enumerated, all those 
i-equired by the Act of ParH except Vinegar & Small 
sr, which ai^e afterwaixls allowed by a separate 
!lauHe. Ah to what their Lonlships say of '* tlie lat- 

Iter being Umited to a less Quantity for each Man pr 
pay than is pi^escritel by the Act of PaiUament," I 
hm told it was not look'd nj>*tn in that Light by the 
Assembly. The Words of the Act are ** not e.cceediiig 
five Pints,'* which were construed, by some of the 
BaiTiick Masters, to give them a discretional Power in 
^tliat respect ; and tiieref(»re to prevent any Dissatisfac- 
poD being given to the Troops on that Account, En- 



90 



ADMiyiSTHATION OK flOVERKOR FHANKUV. 



|17f>8 



qiiiry was made of the Officers what Quantity of Small 
Beer would sntisfy tlieni. and they declared that four 
Pints would Ix? (juite sufficientt upon which the Bar- 
rack Masters wei-e no longer left to their Disci-etion in 
that Matter, but absolutely enjoiu'd to fur?iish that 
Quantity, and the Troops are, as far as I can learn, 
perfectly contented therewith.— The other objection is, 
That '' there is a Clause which providesthat the Money 
** given shall not be apphed to puirhasing Necessaries 
" for moi-p than oue Rcginwnt in the ( Vilony nt any 
** one Time, except during tin- Tinir of IloUeving the 
'* Regiment quaitered therein." On this I have only 
to observo. That then* is not one of the Aasemlilies in 
the Northern Colonies which has made, or could l>e in- 
duct to make Provision for the Supply of theTi'oopK, 
either in the Mode or to the Extent required by the 
Act of Parliament. Not one of their Laws, 1 under- 
stand, has the least Refei^nce to tliat Act. Even the 
Ijaw of New York, which the Attorney & sollicitor 
Genei*al ai-e said to liave imported to \te a sufficient 
Compliance with it, and which iia.s, as such, been aj)- 
prov'd <if and ( 'onfirnrd by the Cn)\vn, takes no No- 
tice of the Act of ParUnmeut ; and tho' thi? I*aw does 
not limit the supply to one Regiment, yet it limits the 
Sum to Fifteen hundred Pounds that Currency, where- 
as the New Jersey l^aw, n(»w Repealed, allows ;VMit' to 
each of the five Ban-acks in the Province, — in the 
whole Twenty five hundivd Pounds 1^'oclamation 
Money, which is a Penny in the Shilling better than 
that of New York. The Assembly of New York 
thought that I.">,otifc was sufficient for the Supply of 
one Regiint'nt for out* year, and thei-efore grants that 
Sum. The Assembly of New Jersey, as they could not 
exactly ascertain what would be sufficient for the Pur- 
])ose granted ^J.'-.uoi:. If more than one Regiment 
should heitKiftcr Im^ quart<MV<) in New York the J.'»,ooi: 
would lx> insufficient, and the Governor would of 




'08] 



ADMIXISTKATION OK (JOVKRNOK PKA\KI-IN. 



01 



« 






course lie obliged to call the Assembly togethei' to make 
^a fuHhor Provisirm. Such would likewise Iw the Case, 

another Re^ment was quartered in Now Jersey, and 
the Assemhly of tfiis Province can be callM together iii 
^afi short a space of Time as that of New York. No 

.saenibly. however, T am convinced will make an Un- 
liraitoil Provision, a.s the Act of Parliament Seems to 

*quire. They will either Umit the Sum, or the Num- 

•r of TnK>ps to iTe supjxtrUHl, or both, and expect, if 
a further Provision should l>ecorae necessaiy, to be 
calPd upon for tliat Purpose. 

At the Session held at Amboy, in April and May 
la«t, I was under the same Uncertainty with regaixl to 
the Fate of the Law of I7t»7 for Supplying the Tioops 
with Necessaries, as I had been before on Account of 
tliat of 17ti(>. Tho' I had transmitted it in July 17ii7, 
no Notice was taken of it to me till in your Lordshi()'s 
Letter of the :^:l'' of Feb7 170^, wliich I receivM during 

le above mentioned Session; — but all the Infoi-nia- 
tion that tliis Lettei* affoided me was, that the T^jiw 
was then under ci»nsider!itioii of the Board of 

'rade. However, the Money granted by it being ex- 
IH»nded, and more immediately wanted, and there 
Iwing no Cei-tainty when I might know the Lssne of 
their Loixlship's Deliberations or His Majesty^ Deter- 
Ttiination upon it, I call':! upon the Assenddy to make 
la further Provision, in these WoHs. viz! "(feiitlemeu 
^* of the General Assembly; Besides providing for the 
" due Support of rtovernment, I have in Command 
** from His Majesty, to Signify to you that he erperis 
** and n'(f»iir€s that you will make those Provisions for 
" the Supply of the King's Troops in this Province 

I" which are directed by Act of Pffr//>iw*^?//."— The 
lissembly, in their Answer, say, ** As we have hei-eto- 
fbre ]>aid all due Regard to His Majestys Reijuiaitions, 
Ui we shall make such Provision for Su[>plying the 
Ti'Of>ps, quartereil in this Colony as are Consist^nit 



^^io 



9d 



ADMINISTRATION OP OOVBRNOR PRANKUV, 



[1708 



with our Duty to our Constituanis and our Loyalty 
dt Zeal for His Majesty's Service,'^ They would not 
even in their Address name the Act of Parliament, 
much more have any Reference to it in their Law. 
The Pains both the Council and myself took to get the 
Law made conformable to that Act, and the Rea^sons 
why at length we gave our iV^sent to it, I have ali'eady 
laid before your Lonlship in my Letter N, 3, and in 
the Minute's of Council of the Session in May 17«vs, and 
it is therefore needless for me to trouble your Lordship 
with a Rei>etition of them here. I sluill only add. 
That as I undei*atood that the \jx\v of New York hail 
Iw^en a]»prov'd, I took the Pains at this Session to send 
theitj for it, in hopes that the Assembly would have 
been prevaird on to make their Act conformable to 
it, but a Majority of the House refustnl, tho* seveiul of 
their MemU^rs tlutught it would be a g(x>d Expedient 
for preserving the Appeamnce of not giving up any of 
their suppose^l Rights and Privileges, and at the sjiine 
time not (K'casion any Umbrage to tlie King or i*arlia- 
ment. I should not have given my Assent tothisl-iaw 
of May IVtiS after all. if I hail thought that the I^w 
of I7r»7 would liave bt^u actually repeal'd. But the 
B<^>ai*d of Ti-adc did not, it seems* i-eport against it till 
the Inth of June, nor was it disallowed by the King in 
Council till the 15"' of August I7i».s, and your Lordships 
Letter enclosing it is dated the li»-'' of that Montlu so 
that I could not V^hyw its Fate till several Months aft^^r 
it had had its full Kffect, and another Act was i»assed 
for the Same Purpose. I iiad besides, Reason to b«^ 
lieve, that the King's Ministers were much pleased 
with my having been able t<j obtain a I^'iw so nearly 
complying with the Act of Parliament, cx)nsideringthe 
Spirit which so generally jirevaiTd iu the Colonies at 
the Time; ■mil I hail likewise heju'd that the Act|)Jisse<l 
in New York was deoni'd a sufficient Compliance with 
tho Act of Parliament, notwithstanding it was liable 
in some Respects to the same Objections as that of 



A 



AOMINISTRATIOW OP OOVERKOK FRANKLIN. 



93 



80 









ew- Jersey. These Considerations, I hope, will have 
some Weight in removing any objections that may be 
ade to my Conduct on this Occasion.— It is most cer- 
in that I could have no possible interest or Induce- 
ment to give my Assent to any of these l^aws, but His 
ajesty's. Service, which I had reason to tliink would 
suffer if tlie Tmops were not furnished with the 
Ne<essaries allowed by Parliament, and the Province 
sides being thi-own into Confusion on that Account. 
However, let the Event be what it may, I shall never 
Venture again t<:> give my Assent to any Act of the 
ke Nature, without positive Order-s for the Purpose; 
and as it is highly probable that when the Assembly is 
callwi upon for a fui-ther Supply {whicli must be in 
May or June next, ) they will act in the same Manner 
before, I hope I shall by that Time receive expUcit 
ii'ections for my Conduct. As to Dissolving them in 
of Non Compliance, I am sure it will not avail 
ything. I have known that Expeiiment fi-equently 
ied by Governors, but I nevei* knew of an Instance 
where Government found any Advantage by it. The 
ucceeding Assembly has been either the same Men or 
worse; for as then* Dis.solution is generally on some 
po]>iUar Point, it only serves to increase their Popular- 
ity, and enables them, if the Governor has a few 
Friends in the House, to get them removed, and others 
of a different Complexion elwted in their Places. 
There are but very few of them that put any Value on 
their Seats, for they cost them Nothing, and their At- 
tendance on the Business of tiie Pul>lick is frequently 
roductivB of Inconvenience 'to their private AfFaii*Kj 
d seldom proves of any Advantage to them. The 
overnor of this Province has no other Means of in- 
fluencing them but by his Prudence and Management, 
he has not a Post or Place in his Gift that is worth 
y of their Acceptance, they being chiefly Men of in- 
pendent Fortunes, and the Salaries of Offices here so 





n 



H 



AUMINISTUATIOX OP OOVEHKOn FRANKLIN. [176S 



very low, that it is often difficult to find Pei-sons who 
ai-o any ways c|ualified to accept of them. The only 
Offices from which any Piofit <;an Ik? made aw the At- 
torney Crenerars and those now annexed to the Secre- 
tary's office; but these Officers and the Chief Justia^ 
are generally appointed in England. The latter as I 
have before informed your Jjoitlship complains ranch, 
and with Rea>ion of the Smallness of his allowance. 
And as to my own Office, I can with Truth assure your 
Lordship that T have never m any one Year receiv'd a 
Tliousand Pounds Sterling, Salary & Fees included; 
nor is there any Way for me to make more, unless I 
have Recoui-se to Measures that I wonld not he con- 
cern'd in for all the Governments in the World. Per- 
quisites there are none, nor has a Governor here any 
of those Fees and Advantages which the Governors 
have in other Provinces, where they have theOi'anting 
of the King's Lands, <fec. A Governor of New-Jei^sey 
(tbo' his Salary is much inferior to that of any other of 
the King's Governoi's) is Subject to an Ex[)ent¥ & In- 
convenience that no other in Amoiica is liable to, by 
reason of there being Two Seats of Government, where 
he is oblidg'd to meet the Assembly alternately. 1 
seldom go from Home on this Account that it doe« 
not cost me ir»iii' extmoitlinary. In short, the neceb- 
saiy Ey|wntes of Living are so much increas'd in 
America, and particularly to tme in my Station, that I 
have not been able with all the Frngality and Oecono- 
my in my Power to save luiy Tiling out of my Income; 
nor is it ix>ssible that I should^ unless I was to live in 
a Manner that would disgrace His Majesty's Commis- 
sion, whicii I shall not do while I have the Honour to 
hold it. 

I beg your ly)rdshi|)'s Pardon for the LtMiglJi of this 
Letter. J coidd have ma*le it sh(>rter. but that I was 
unwilling to omit any Cu*cuuistance which might ex- 
plain the Motives of my Gontluct, or have a Tendency 



ADMINIHTKATIOH OP riOVERNOft PKANKLIN. 95 

remove His Majesty's Displeasure, — thau which 
toothing coukl affect me more sensibly, as I have long 
"valued myself on a strict Peiformnnce of my Dnty, 
and the stixmgest Attachment to my Sovereign. I 
ho|>e that I have not, in the Course of my Defence, 
dropt any Expression whidi can any way offend your 
Loixlship. I am sui*e it was not my Intention. I 
have the highest re.spect for your Ijord.sliip's Charac- 

H'y and greatly wish to stand well in your Lordship's 

►pinion. If I succeed in Removing His Majesty's 
Displeasure, and your Lordship's Prejudices against 
my Conduct, I shall be happy. But whatever may be 
ihe Event, my Sentinients of Duty and Ixtyalty will 

•main the samt% and I .shall cheaif ully Submit to the 
Pleasure of that King wliom it ha:3 hitherto been my 

lief Glory to serve faithfully. 

I have the Honor to l>e, with the greatest Respect, 
My Lord, Your Lordships 

most obedient <fe most himible Servant 

W'} Franklin 



Tjettvrfrom Gov. FranlcUn to the Earl {{f HUlsboruugh^ 

^l'etati^1' to the Treaty tritli ifif Iitrf/<ius for set- 
tlintj the boitudartj lint betueen them attd the 
British Colonien. 
I 



IFroDi P. R. O. America & West Indlea, Vol. 174 (Ittl).] 

BuKLiNGTON, Dec^ 17, 17*>8 

Right Hon"'*- the Earl of HilLsboTOUgh. 



My Ijord, 

I iicquainted your Lordship in my Letter Nv I:.', that 
was then on tlie Point of setting out on a Ji»urney 
Fort Stauwix, to assist at a lYeaty with the Six 



ADMINISTUATION OF OOVEHNOR FRANKLIN. 



fires 



Nations for settling a Boundary l)etween them and 
the British Colonies. I was mucli longer absent than 
I had any Reason to expect, owing to tlie Senecas and 
some other distant Nations not coming in till sevoi-al 
Weeks after the Time fix*d for holding the Conference. 
— Your Lordship will, of coui-se, receive a particular 
Account of the Transactions there fi-om Sir William 
Johnson, so that it is needless for me to trouble your 
Lordship with any Recital of them here. So far as 
they particularly concerned this Colony, your Ixirdship 
will see them in the Minutes of CViuncil sent herewith. 
I would only beg leave to observe in general, that 
thei-e was the gi^eatest Nunil>er of principal Indians 
assembled that waa ever known at any Treaty, who all 
seem'd y^erfectly satisfied during the Course of the 
Negotiations, and return 'd honu- in the lx?st Disposition 
that was ever known on such an Occasion. — If the 
Boundary is Speedily ratified by His Majesty, 1 have 
no doubt it will add greatly to their Satisfaction, and 
contribute more towards securing a |>ennanent and 
lasting Peace with them than any other Matter 
whatever. 

On my Return Home I found your JjOi-dship's Dis- 
patches fmm N? i» to VI inclusive. The latter I have 
ahvady iinswert^d in my Letter N** !;^, and your Lonl- 
abip may rely that I shall not fail paying punctual 
Obedience to the Directions contained iu the othei"8, as 
far as is in my Power. 

I have the Honoui* to be. with the greatest Respect 
My Loi-d, Your Lordslu|i's 

most obedient & racist iiurnblt- Servant 

W" Franklin 




I receiv'd your Letter of the 5"" Ult? with the first 
and second Volumes of the Laws, alHo another of tJie 
9*"* Instant, mentioning that you arc unable to furnish 
me with all the Laws since the last Book, and refer- 
ring me to M' Lawrence for such of them as can be ob- 
tain'd. He has not yet completed the Collection, and 
I much doubt whether he will l)e able. I have already 
acquainted LtH"d Ilillsbomugh with the Difficulty that 
will attend the Making a complete Collection of the 
separate Law.s, and iiientionetl my Hoi)es that the As- 
imbly would, at their next Sitting jjrovide for the 
(-printing them in another Volume." 
M- Samuel Wharton,' Merchaat of Philadelphia, 
jWho is a particular Fiieud of mine is going in the next 
*acket to England. He haa some Business to transact 
ihei-o, in whi<;h he does not know but he shall have 
^_Occa^iiou to employ a Sollicitor, he has tlifivfoi-e de- 
^Bired me to give him a Letter of Introduction & Re- 
^ftommendation to M- Wilmot our Agent, of whose 

< The date, 1708. is raAnlfcetly a Blip of t^c pen tor 1700. 

1 *8d« Uorenior FrankUu h letter to Lord QilUborough, June 13. 1?06. 

* BaniuH WliartoD wut the »ecaiHl son of JfXk^ph ^Hiarton, a very nucoL'wful nivr- 
cbont of Philii4clphili, wtiere he was bom, Mny H. 1714. Up whh " tini- of tho Nbc»«ni 
oC the MoD-Iuiportatlon Refloluttona of 1T<j6, a meoiber of the City fNtimcil of I'hila- 
4etplll*, nf tb« Oommittee of Safety of the Revolution, niul of thn CnlnniM and 

I9Mc l<r>fri!ilAtiirm. He vran a jiromiDetit meniber of Uh* Oltio CNiuijMiuy. wlii«e 
fku nf fjrmioK a rtcttlement on tht: Ohio river was projfcttsl by Sir Wllllaru Juhu- 
lOr. (.iviTernor Franhlln. and othera. • • In ITWhf. retiinirtlfji Pliiladi'lplila.aiul 
pftji a menitwr of the Contiaeotal L'oogrefis. ITliii^i-d. Ulfl will was oiimilted to pn>- 
telf. MMTch ■», IfW/'—Thf irharfon FiunUy, by Anne II. Wharton. Iti /Vim. HUt. 
il<m, 1 . 310. 4AV7. &je alw Oovumor FranUio's letter to Major WUUam lYcnl, 
J«o, li, I7T1.-PV. N.J 

7 






n 



98 



ADMINISTRATION OF OOVEBNOR FKANXLIN. 



Abilities he has heard a great Character. But as 
have not any acquaintance or correspondence with M' 
Wilmot, I shall be mucli obliged t-o you if you would 
reconunimd M' Wharton to him as a Gentleman of 
Character, and acquaint him that any Civilities he 
may aliew him will l)e deem'd an Obligation to yoiu'- 
8elf. If it is agi-eeable to you to write such a Letter, I 
shall be glad that you would do it without Delay, and 
send it to M"^ Parker, Printer, at New York, enclosed 
under Cover to M' Wharton. He has an intimate Ac- 
quaintance with, and a particular Esteem for your 
Brother John» so that if you have any Letter, or other 
I'hiug to send to him, Mr. Wharton will take Cai-e of 
it with Pleasui-e or i*ender you any ©ther Sen'ice that 
may be in his Power. This would be a good Oppor- 
tunity to remit the Agent his Sahiry, if not already 
done. He will sail next week. 

I have a Letter from Lord H ' Part of the Con- 
tents of which I want to coninnmicate to you, but do 
not chuse to do it by this Opportunity for fear of Ac- 
cidents, but perhaps I shall have an Opportunity of 
doing it by M^ Parker, on his i-eturn from PhilafP 

Mi-s. Fraukliu joins me in Complts. & the wishe s of 

the seaaoUf to youife Mi*s. Skinner, 

I am with gi-eat Esteem Dear Sir 

Your most olx?d? serv't 

Wf Fraxklik 
To Cortland Skinner Esqr. 



1760] ADMINJSTHATION OF OOVEEN'OK FRAKKXXJf, 



99 



Letter from Oov, Franklin to the Earl of nillshorough^ 
girhtfj farther reasoyis for iasaing £iiO\),\}K>0 in billa 
of cn^ tilt, etc. 

[From P. H. O. Ametic*. sod Woat iDdlcc, Tot lU (ISGt).] 

BiTRLixoTON', New Jersey Ja»r» 2S, 1769 
To the Right Hon^^ the Eai-l of Hillsboi-ough 

My Ijiyrd^ 

Your Loiflsliip's Dispatches N. 14, 15, *& 16, were 
duly i-eoeiv'd. 

I shall be careful to observe His Majesty's Com- 
mands tx>ntaiu\l iu that aumliered li, respecting the 
Conimiinication of Letters from the Princi|>al Secre- 
taries of State. 

I have intimated to M- Skinner what your Lordship 
mentions, in N. 15. concerning his Conduct, and am 
inclin*d to believe that it will be pixxluctive of very 
goo«l Effet^ts. 

That your Lordship may the better judge of the Bill 
whicli I niention'd in my Letter X. \K (& whit;h is i-e- 
mark'd upon in youi-s N. 10.) for Emitting hk»jhhi.£ 
in BiUs of Credit upon loan* I have transmitted a Draft 
of it hei-ewith. The Necessity which api>earM to tlie 
CouncO and Assembly for this Sum is set forth in the 
Preamble. The Nature and Extent of tlie public 
Services to be provided for, as far as they have thought 
profjer to mention them, areexpi-ess'd in the lajst Para- 
giaph, by which your Lordship will see that this Act 
contains in itself no particular Ap[)ropi'iation of the 
Revenue that is to accrue from it (excci)t defraying 
the Expences of Piinting, ik.") but has left it to **be 
" applied to the Support of the Grovernment of this 



100 



ADMINISTKATION OP flOVRRNOR PBANKLIK. 



^ 



" Colony, and to such other public Uses, and in yuch 
" Sort Manner and Form as by Acts of the General 
*' Assembly of this Colony shall hereafter be directed," 
The fund and Security for the Redemption of the Bills 
ai-e by Mortgages in at least double the Value in Lands, 
and in at least three Times the Value in Houses, as is 
particularly set forth and explained in Piiges 8 & 'J, 
and other Parts of the Bill. 

As a Majority of the princij>al Inhabitants of the 
Colony are of Opinion, that then^ is a great Necessity 
for an Act of this Nature, aud are very anxious to ob- 
tain it, I have no doubt but the Council and Assembly 
will at their next Meeting, pass such another, and 
press for my Assent. It would therefore be a Further- 
ance of Business, as well as a great Ease to me, if His 
Majesty's Pleasine, with regard to any Alterations or 
Amendments of this Bill, could Ixj known by that ^j 
Time, which I expect will Ix* the latter End of May or fl 
Beginning of June at farthest. — The form of the Paper 
Bills, viz **This Bill ht/ A^aw shall pass viirrenf, Ac. 
I apprehend shnuld be altered, as it seems to imply a 
legal Tender, ami I believe the Assembly will readily 
agi-ee to such an Alteration as it was not their Inten- 
tion to make the Money, to be issued by this Act, a 
le-gal Tender; and they tli*tu»j;lit that they had Suffi- 
ciently provided against its being so. by leaving out 
the Claust^ foi* that PurjKJso wliieh had been always 
insei-ted in the former Laws for Emitting Paper Money. 
The following Form, jKrhaps, would remove the Ob- 
jection, viz [This Bill sliall be taken in the Loan Offices 
in New Jersey for — in any Payment for the Discharge 
of MortgiigL^s taken in the si^id <>ffices by Virtue of an 
Act of Assembly made in the Ninth Year of the Reign 
of King (George the IJL Dated I7(U>.] — With regai-d to 
the Appropriation, if His Majesty sliouldchuse to have 
the whole Sum appropriated tt) l*uriM>ses to be partic- 
ularly mentioned in the Act, rather than to be left, as 






1769] ADMINISTRATION OF GOVERNOR FRANKUN. 101 



at present to the Disposition of future Acts of the 
Legislature, and will be plCiOs'd to specif}' what those 
Purposes should be, and the |)articular sums which 
should be allotted for each, it is probable that the As- 
sembly will acquiesce, in Consideration of the public 
Advantages which they expect from the Act. What 
I before said on this Head, in my Letter N° 9, need 
not be repeated here; your Lordship \\ill of course pay 
that Attention to it which you may think it desei-vos. 
—As to the Fund and Security for the Re4leni]»tion of 
the Bills, they are <|uite Sufficient, and I really beUeve 
that the Sum requested, in Addition to our present 
Currency, is not so large as to endanger the Value of 
it in the least; — on the contraiy. much more seems 
wanted for a Medium of Commerce, and to promote 
the Improvement of lands, &c. 

I cannot account for the Petition of the House of 
Representatives of this Colony, not being pi-esented to 
His Majesty. I have hcai-d that the Speaker tmns- 
mitte<i it to the Agent for that Pui-pose, soon after the 
Hoase wei-e prorogued. The proper Channel for it to 
|>as8 (as your Lordship justly obsei'ves) was through 
me, and why tliey did not desire me to transmit it, as 
they did their Address to His Majesty on the Repeal 
of the Stamp Act, I cannot say, unless it was owing to 
a Suspicion that I should object to the Contents, and 
therefore decline complying with their Request. — 
Their Publishing it, however, befoi*e they knew it had 
been presented, is certainly very blameable; nor do 1 
know what they could offer in their Vindiwition, if 
they were in Being; — but tlaat Assembly, as I befoit) 
informed your Lordship, have been since dissolvVl and 
a new one chosen. 

I sincerely wish that the happy Unanimity which 
your Loitlrhip mentions to have prevailed lu both 
Houses of Parliament, in their Addiesses to the King, 
may be attended with those goo<l Effects in the Colo- 



102 



ADMIXISTBATION" OF OOVERVOH FRANKLIK 



[I7C9 



niea yom* Ldi'dKlnp ht>(>es for. am] so far a^i eiiy En 
deavors can in anyways contribute thcr 'to they shall 
not be wanting. 

M"^ Hkinnor, the Speaker of the late House of Repre- 
sentatives of this Colony, has sent me the encloHed 
Copy of a Letter which he received since the Dissolu- 
tion of the House from the Speaker of the Assembly 
in Virginia. As the new Assembly for this Province 
when they meet, will probably incline to have this 
Letter laid bef<»re them, and to answer it, notwith- 
standing any Thing 1 can urge to persuade them to 
the coutmry; and as it is of the same Nature with the 
Circular hotter from the Speaker of the A.«wembly of 
the Massachuset's Bay. I shall be glad to know His 
Majesty's Pleasure Whether in (yise the Assembly de- 
termine upon Receiving and Answering it, J should 
pi-event thi^ir Proceedings thereon by a Prorogation or 
Dissolution. 

I have likewise received from M' Skinner the 1 wo 
first Volumes of the pnnt*^d Laws of this Colony and 
all (if those which have been since ])rintod that he can 
collect. They are t<Mt bulky to send by the P<>st to go 
by this Packet: I shall therefore tiike the first oppor- 
tunity of transmitting them by a Vessel from Phila- 
delphia. 

The late Increa.se of the Royal Family ' is an Event 
that coulil not but affonl the givau^st S.itisfaction io 
me, and the reat of His Majesty's Subjects within this 
Province. I am extremely obligVl U^ your Ijordship 
for the Intelligence, and heartily congratulate 3'ou 
upon the joyful Occasion. 

1 have the Plonor to W, with the greatest Resjx^ct, 
My Ijord, Ynur Lordship's most obedient 
& most humble Servant 

W? Fkankun 



• Tbe birtlt of the Prtot'iiM Au^unU Sopia*. Norcnibor 8, ITOH. 



1709] ADUIMSTRATIOK OF OOVEKKOR FRANKLIN. 



103 



Letter from the Earl of HiUsborongh to Gov. Frank- 
lin^ relative to the bill of tlie New Jersey Asseinbli/ 
for issuing i!l(K»,oOO. 

rFrom P. R O. Anwrioa &Dd Wnst IndlM, VoL 174 <im>.) 

Whitehall. March the 22°" 17«»9. 
Governor of New Jersey. 

Sir, 

T have i-eoeived and laid l>eforo the King, yonr letter 
of the 2S"' of Januaiy, containing ohservations upcui a 
Bill, (inclosed therein) for issuinji^ One Hnndretl 
Thonsand Pounds in paper Bills of Ci-L'dit ujx)n Loan. 

This letter and the Bill therein i*eferred to, l»ave 
l)een hy His Majesty's Command communicated to the 
Lords of Trade for their Consideration, and I shall not 
fail to transmit to you, hy the earliest opi>ortunity, 
such instructions as His Majesty shall think fit to give 
you, in consequence of their Lordships' report. 

With regai-d to the letter from the Speaker of the 
House of Burgesses of Virginia, mentioned in your 
dispatc-h of the 38'> of January, it is irapossihle to 
foresee in what manner it may be treatal by the As- 
sembly, in cnse they should take up the Consideration 
of it, and therefore I cannot give you any precise in- 
structions ujKm tliat head; If however their Proceed- 
ings upon this letter should be of such a disrcspectfull 
and unwarrantable Nature as to amount to a denial of 
the authority of the Legislature to enact Laws binding 
upon the Colonies in all cases whatsoever, it wiU cer- 
t^n'nly become you to shew a proper resentment of 
such Conduct; But it is His Majesty's Pleasuiv that 
you should exert your utmost endeavours to reduce 
the Minds of His Subjects in New Jei-sey to that 



104 



AOMfXIBTRATION OP GOVERNOR FRANKLIN. 



just confidence in His Government, which a calm and 
dispassionate consideration of it, cannot fail of making 
them see the strongest foundation for. 

Your Icttoi-s Nt 18 & 14. were received yesterday, 
and have been laid before the King, and I shall be 
very gla<] if your letter N? 13, so far as it is intended 
to be a fair and candid justification of your own Con- 
duct, shall produce in His Majesty's Mind the effect 
you wish. 

I am &' 

HiLLSBOROUOH 



Order of the Lords of the Committee of Council for 
Plnntation Affairs, directiwj the prepfiration of 
Drafts of Instrnrtions to the Governors of the 
several Colonies and Plantations in America for 
reyulating ttieir condtwt in resjycci to bills for 
raising money by way of lottery. 

(From P. B. O. B. T. nantAtions Ocneml. Vol. 80 (SB), V. !«.] 

At the Council Chamber Whitkhai 

THE 24^ DAY OF APRIL 17f>9. 

By the Rij^ht Honourable the Lords of the 
Coniinittee of Council for plantation Aifa-irs. 

HLs Majesty having been pleased to referr unto this 
Committee, a Representation fi-om tlie Lords Cotnniis- 
sioners for Trade and plantations, Dated the 7"' of last^j 
Month, proposing (for the Reasons therein Contained) 
that pi'oper lustiuctions should bo Circulated to the 
Governors or Con)nianders in Chief of the several 
Colonies and plantations in America, directing them 
not to give their Assent to any Act of their re- 



17Q9] ADMlNlHTRATtON OF (}OVERNOR I^RANKUS'. 



105 



;tive Legislatures, whereby Money is propxjsed 
to be raised by the Institution of publick or pri- 
vate Lotteries ;' but that in all Instances, where 
the exigency of the Case may seem to Warrant 
a departui-e from such genei-al restriction, the Gov- 
ernor under such Circumstances, may be Instructed 
to ti-ansmit proposals as Heads of a Bill for this 
pui-pose. Stating the Reasons which, in his Opin- 
ion, makes such a measure Expedient, and submitting 
the whole before it is attempted to he passed into a 
Law, to His Majestys Consideration and decision. 
The Lords of the Committee, in 01>edience to His 
Majestys said Order of Ucference, this Day took the 
eaidConaidei'ation [Representation] into Consideration, 
and are hei-eby pleased to Order that the said Loi'ds 
Commissioners for Trade and |>lantution8, do prt^iiare 
and lay before this Committee, Draughts of Instruc- 
tions to the resi)ective Governor of the seveml Colo- 
nies and Plantations in America Agreable to what is 
above proposed. Steph: ComtELL 



> Thte sobjoct hftil c<nae before iJie King in Cuuot^il, Uaivh H. \W), wliea a lotwrjr 
Ht al the FMui^flvanla Aasembljr was untlt* r coaalderaUon. The Lords of Trade 
had reported that " tbej could not omit obs >ninir that this la a practlci< which in 
tlMir optnioD oufrbt by do mtfaus to be cncourtieiMl, ae obylotuly tendlnj;: to dts- 
tngmKi' nnd mislmd AdruDtiinTH tht'n'iii from Industry and AtteoUou Co Lbelr 
propur callinsa and Occupatioim, and lutroduce a Spirit of Oiasipation prejudicial 
to tbo FortUDini of Individ uaLt, and the Intcrc^tM of thv Public."— iVnn. Cot. 
SmeordM, IX. SSB. Thia doubllnw led to th*; pnimutKaUoii of tho Order In I'ouncil. 
glvpfl obovf!. Ijott**rlM bad bi*n prohibited by acts of the New Jersey Aaeetubly. 
of December IB. 1T48, nnd Deci'mbrr A, 1700, but juiIiUl* wiitlmMiit favoTMl lottariea, 
ami tbfl acta in qtimtloo did not provo "efTrtitiuil for tb<- l^rpowtt thereby In- 
tended," and othnr arte werf> passed Marcli II. 1T74. and February i:t, ITUT, fitr the 
aame purpoae.— iV<'t')7i'* Lawn, I-, 406; AitiitMtn'n Lawt, 1H7. £M, 'lid; Patcrmn't 
UitCM, fotlo ihI.. 227. For soma accnunt of Pnivinctal UiUffriim, ouo WhitolM^ad'ti 
Cooirlbutlona to East Jersey atstory . asi .—[ W. > . 1 



IOC 



ADMIMISTRATION OF OOVEONOK PRAKKUK. [17G0 



Representation from the Lords of Trade to the King, 
recommending disnltowance of an Act of the New 
Jersey Assemtil if for issuing £10*J/h»(» in Bills of 
Credit. 

iFrom P. B. O.. B. T.. New Jwwy, Vol. 17. p. 312.1 

Whitehaix May 3-^ 17f>tf 
To the King's most Excellent Majesty. 

May it please your Majesty^ 

We have hail under Our (.-onsideration a Bill passed 
by the Council and Assembly of Your Majesty's Pro- 
vince of New Jersey, for making Ciiri^^nt one hundrtnl 
thousand Pounds in Bills of Credit." Whereupon we 
humbly lieg; leave to repi'esent to Your Majesty; 

'I'hat this Bill which for the reasons set forth 
in the Preamble, was passed by the Council and As- 
sembly of New Jei*sey for the purpose of emitting one 
hundred thousand Pounds lu Bills of Credit upon loan, 
enacts, that the said Bills of Credit shall pass current 
in the above Province for the several Sums for which 
they shall be struck, thereby importing that the same 
shall be received within this i'revince as a legal 
Tender in payments of Money. From this without 
instancing any other objection, it is obvious, that the 
above Bill in its present form cannot be allowed to 
pass into a Law, as being contradictory to an Act of 
Parliament passed in the 4th Year of Your Majesty's 
Reign for preventing paper Bills of Credit thereafter 
to be issued in any of Your Majesty's Colonics or 
Plantations in America, from being declared to be a 
legal Tender in payments of Money; But as your 
Majesty's Governor of New Jersey strongly repi'esents 
the necessity of an Act of this nature free trom the 




1769] ADMIXI8TR.VT10N OP OOVERKOH FRAKKLlN. 107 

objection above stated, and therefore prays to receive 
Your Majesty's Instiiictions thereupon befoiv the next 
meeting of the tJouncil and Assemlily at which time 
ho expects they will pass such another Bill and press 
for his Assent, we do for these reasons humbly i*ecom- 
mend to Your Majesty to signify to your said Gk)v- 
enior, in case the actual necessity of emitting Bills of 
Credit upon loan to the high amount now proposed 
can be made to appear, and provided care be takeu 
effectually to observe the restrictions of the Act of 
Parliament prohibiting such Bills to be deemed a legal 
Tender that no objection occurs why an Act of As- 
sembly under proper hmitations should not be allowed 
to be passed for tbe purposes above raentione<l but as 
many regulations may be found necessary, when a 
measure of this consequence shall come under con- 
sideration whicli cannot now be pointed out and 
prescnbed, we would liumbly piopose to your Majesty 
that Your Governor of New Jersey should be expressly 
restrained fi-om assenting to any proposals foi* the 
above purpos«3s whereby the same may Ix* carrie^l into 
effect without reference to Your Majesty's Appro- 
faction for which end we humbly recommend, that he 
Pftould lie directed either to transmit them (as in the 
present instance) in the form of a Bill, or if the same 
shall l)e passed into an Act, to tak« Can* that a Clause 
shall be insei-ted thei-eiu, suspending its execution till 
Yotir Majesty's pleasure tliereupon can Ik> obtained. 
Which is most humbly submitted. 

HlLI-SROKOlGH SOAMK JkNVNS 

John Roberts WT Fitzukubkkt 
Tho' Robinsov Lisburne 



108 



ADMimSTKATIOK OP OOVKRKOK FftAKKUN. [ITUd 



An additional insirxtction to aU the Governors in 
AmericOy diredino them not to permit pttblic or 
private lotteries in their respeciive govertiments, 

(Pnmi p. R. O. B. T. FlanUUkNM Oenenl. ToL IS, p. 917.) 

May 11, 1760 

Additkmal Instruction to Our Trusty and Well- 
beloved William Campbell Estjuire, (X)m- 
monly called Lord WiUiani Campbell, Our 
Captain General and Governor in Cliief in 
and for Our ProNnnc^ of Nova Scotia in 
America. Given at Our Court at S- James' 

the day of — in the yeai' 

of Our Reign. 

Whereas a practice hath of late years prevailed in 
several of Our Colonies and Plantations in America, 
of passing Laws for raising Money by instituting pub- 
lick Lotteries; and Wheix^dS it hatb been reiH-esented 
to Us, that such practice doth tend to disengage those, 
who become Adventurei-s therein, from that Spirit of 
Industry and Attention to their proper Ciillings and 
Ocxmpations, on which the pubJick Welfare so greatly 
de|>ends; And Whereas it further ap|>ears, that this 
practice of authorizing Lotteries by Acts of Legisla- 
ture hath l>een also extended to the cnabUng private 
Persons to set up such Lotteries, by means whei-eof 
great frauds and Abuses have been coniniitted; It is 
therefore Our Will and Pleasure, that you do not give 
your Assent to any Act or Acts for raising Money by 
the Institution of any publick or private* Lotteries 
whatsoever, until you shall have iirat transmitted 



I — 




17'J9] ADMINISTRATIOK OF GOVERNOR FRANKUN. 



109 



unto Us by one of Our Principal Secretaries of State 
a Draught or Draughts of such Act or Acts, and shall 
have received Our directions thereupon. 

A like additional Instmction was prepared for S' 
Francis Barnard Bar* Govf of Ma.«sachusets Bay John 
Wentworth Esqf Govf of New Hriiiipsliii*e S' Henry 
Moore Bar^ Govf of New York William Franklin Esqf 
Govf of New Jersey etc etc. 




Circtdar Ijeiler front Lord I{illsl)onntijh to the Gov- 
ernors in Americay informwy ihem thai Hi^ Ma- 
jesty's Government have had no design to lay taxes 
on America for purposes of revenue. 

(From Ne<r York Colonial DDCumenu. Vol VTU. p. IM.) 

Circular 

Whitkhall, May 1»'\ 1T6D. 

Inclosed I send you the gi-acious Speech made by 
the King to liis Parliament, at the close of the Session 
on Tuesday last. 

What His Majesty is pleased to say in relation to 
the Meiifiures which have heeii pui-sued in North 
America,* will uot escape your notice, asS the satisfac- 
tion His Majesty expresses in the Approbation His 
Parliament has given to them, and thu assurances of 



•Said the Klnjr in his speech to ParUaroeot on Turvda)'. Uoy 0. 1760; "The 
which I ha«l takfn rrKanlinf; (hi* lute iinhappj dlaturbaficvs in North 
I, have alrvoilj t>een laid beron* ytm. Thi*y have recelTvd ycmr Appruba- 
tkm: and yoa have OB^uriHl mo of your inn fnipptirt In tho prosecution nt them. 
SoUiltii;. In tay iiiiiujon. could be more likely to euahle the well dlflpocied anaciiip my 
■ubj¥<tff. In that part of tbv world, effcctuiilly to dlMroura^e and defeat the de»IirnB 
of the ra4.*tlon« aod a»Utlon^, than the hearty coiicurrence of every tirani'h of the 
IqttaUtune lu Uie resolution of raaintaiuinir tlio execution of th« lawtt In every 
part of mjPomlnioDs. And then: Is oothlTij: I more nrdenily whih Vt. than in see 
UvoAvooltMtKOudt^i3al."-DoiUleM'M AnKuai HcbuUer, for ITOO, SaMO— [W. ^.J 



uo 



ADMINiaTUATION OP (lOVBBNOU FRANKLIN. 



[1769 



their firm supjwrt in th« prosecution of them, together 
with His Royal opinion of the great Advantages that 
will probably accrue fi*om the concuiTcnce of every 
branch of tlie Legislatuiiri in I lie Resolution of main- 
taining a due Execution of the Laws cannot fail to 
pnxluce the most salutary effects. 

From' hence it will be undei-stood that the whole 
Legislature concur in the opinion adopted by Hia 
Majesty's Servants, tbat no Measure ought to be taken 
which can any way ilerogate from the Legislative Au- 
thoiity of Great Britain over the Colonies ; but I can 
take upon me to assure you, notwithstanding In- 
sinuations to the ('Ontrary f»H>m men with factious 
and Seditious views, that His Majesty's present Ad- 
ministration have [at] no time entert:iine<l a Design 
to pi*ojx)se to Parhament to lay any further Taxes up- 
on America for the purpose of i-aising a Revenue, and 
that it is at present their Intention to propose in the 
next Session of Parliament to take off the Duties 
upon Glass, Paper & Colours, upon considemtion 
of such Duties having been laid Contrary to the true 
principles of Commeix^e. 

These have always been and still ai^ the Sentiments 
of His Majesty's pi-eseut Servants and [the Principles] 
by which their Conduct in respect to America has 
been governed, and His Majesty relies upon your pru- 
dence and fidelity for such an explanation of His 
Measun^s as may tend to remove the prejudices wliich 
have been excited by the misrepresentations of those 
who are enemies to the peace and prosperity of Great 
Britain and her Colonies, and to reestaliHsh that mu- 
tual confidence and affection, upon wbicli tlie Glory 
and Safety of the Britisli Empiie depend. 

lam &c 

HnxsBORouon. 



1769] ADUINISTkATlON OF O0T£RM0R FlUNKLIN. Ill 



Governor Frauklht to Benjamiv Franklin — Captain 
TrenCs Affaira — the Goveniors fanriiny opera- 
tions — Secretary Morgan and Deputy Keed — 
Matters in New York and Massadnuisetts. 

IFrom " Lcttvnto Qonjoinlxi Fr&nklln." p. 11.] 

BcTRUNGTON, May 11, I7fil>. 
Hon\l Father : 

A few days after I was fav(nire<l with your Jjc/tter 
ofthe^Mth of March by Capt. L'reigbton, the packet 
which left England the 7th of March is since arrived, 
but I had no letter by her fi*om any one. 1 sup{K>se 
(tho' you do not mention it) that you have wruW to 
me befoT-e relative to the lettei*8 I sent yon by the .Jan- 
uary mail; pt»rhaps by Sparks, who is not yet arrived. 
I wait imi)atienMy for the arrival of the April pa<.:ket, 
and do not think it j>i*oi)er to convene the Assembly tiU 
I have answers* to some Lettere I have wrote to the 
Ministiy. 
y Mr. Galloway' has sent me (.agreeably to your desire) 
copien of the clauses added to the last Mutmy Act.' I 
am very glad that they have paased, as I am convinced 
our Assembly would not have receded from the former 
mode of pi-oviding Necessaries for tlie Troops in quar- 
ters; and, consequently, altei-cation and confusion must 
have eusued. 



' .losepb Ualloway. the c tulm*iit lawyiT, of Fkiliutf Iphia, SprAkrr of lltr Penn. 
■ytvftiUft Aaembly. 17iii-74. membttr a( the Coniiufnial lopicreas, ]774, up to wliicb 
Ume hi* htu\ l>P»*n tpuXmm in the |iopulnr ttiiiBe. But In ITTR hi* joiniMi thf British. 
ftDd ia 1T78 wenl to En^UDd. when* Uc lUed In IHXl. A Cull sketch ofbls Ufc U 
ictTeti Id Sabine's ZovoJm^i, J.. 4^; askctAih In abufdreuUi WoriitoJ BKHjamin 
FrwdtUn^ Va. imi. 

* The anmul military approprfaijon bUI raned by FarliBmoit 1b called tlie *' Mu- 
Uoy Act,"— iray'i Conttituiional Hist, u/ i,^tif/«ri<f, U., IW 



112 



ADMINISTRATION OF OOVKRNOR FRANKLIN. 



[1769 



I have wivte Col. Ci'Oghan' what you mention con- 
cerning his affair. I hope the application will be 
attended witli success. 

Capt. Trent' met with some unexpected delays, but 
I suppose is by this time arrived in England. I hear 
that Sir Wm." has a letter from Loixi H./ mentioning 
that his Maj'y entirely approves of all the Transactions 



' Col. George rVoRhan, ui Iriahmiui, vna for mftoy xoats k prominent (Urure <m 
tbtt frODtlers. having irrcftt iutlucncv wilh the Indiana. In 17S8 he wu sent to Kn^- 
Und by Sir William Johnnoa, to luye upon tbo MlnlsOT the tmportenoi> ot wttlinic 
the froutier boiunlarj-. ami he waa pivauut at Fort Htanwls wben Ibat matter wa* 
orranierecl. At the ttame time tuul place he securt^l from the Isdiana a tnMit of 
100,000 acres, ami was a leadliiji; npirlt in fonainff Uir Ohio I.Anrl Company, In whJeb 
OoToroor Fr&nJcUii, Benjamin Franklin and Samuel Wbartou were deeply inlar" 
imiuhI. He illwl at Pnaajtmlc, Pt-nn.. in 17Sa.-JV. Y. Col. Doc*., VII., «BM; Worlu 
o//VanJt;M. lV..8SS,30S;VU..a&5: Hut. o/ the UtMtion of the United Brethren 
among the IndinnM of Sorth Amrrica. London, I7W, ID., &6,00; Ptnn. Col. Rrcont*. 
and Fenn. Arehivea, pooslra— [W. 17.| 

* Oftptoln William Trent was the yoanf^>at »on of WllUam Trent, Cfatef-JnsUoe 
of the Nmw Jvraey Supreme Oourt, Norember SH, 1798— DecembL<!r Hfi. 17M. Re 
was bom In Lanoaitt«r. In 1716, and luniL<4l hts utttrntioo to bualDoaa in pref- 
(•rrncr to books. He engaged In the Indian trade, loftmed the Indian tanicuage, 
and ocqutrad over the diwky denteeaa of the frontiers a cumnmndtng laflueQce, 
which he exerdaod for many yearn in the interest of peace. When Puunnylvanla 
ralse«I 400 men In ITIQ for service In nitiielnic Oanada. the command of one iit the 
four companiea was Kiven to William Trent, wldle WllUam Frankliu, then a lad of 
siitt^vn yeain, waa enal|?n <" another o'jmpnny. It wan dout)tI<-<.s In tlila eipcdlilmi 
that the two men foruied ur at Itvi^t ct^UH'nt4^l a rriciidH)ii|i which wax tn lont (or 
thirty years.— d iVtin. .^nAiee^, U., W. C^pi. Trent did irallant aerrfce in thia ex> 
pedlUon, and nn hta rettim in IVoomber, 1747, recelvt-dthe (hanks of the Pennttyl- 
vanfa .^Mtembty. During tha next twenty years be won oontlnualty on daty on the 
frouUerK. and In 17M started a fort where Plttabureb now is. HoTing become Im* 
povertshed by frequent depredatUui* of the IndianK, the frfeudly chioCa of the SU 
Ratkisia at the Treaty nt Furl Stanwix, in I76A, frrant«*d to Trent and Bamuet Whoi^ 
ton and their aaaoolates a tract of 3.fl00,000 acres of huid. Tlie King demurred to 
confirming the gimat, and early In 1T09. as above Intimated by Oovornor Franklin, 
Trent saUad for England, and aucoeeded in K^tUnK the King's signature The Ohio 
Company disputed the clalmaottlie grantees to some of the lands, and the Rero. 
luttou came on an«l extinguished the claims of both porlJcs before thi-ir dispute 
wa** settled. Capt. Treat returned to America In the spring of 1775 illttt. i/oi;., 1., 
KHi). and resumed his reoldenoe at IVenton, where he hod llvnl hofore going to 
England, and where bis family hod dwt* It during hta long absence. In 1794 he re* 
tamed to PhUadflfjUla, when- he n<slde<l until his death. In I7H7. During all these 
jvars he was frequently on the frontier, engaged In tr^aly tnoiiiog with the In- 
diana, and in looking after the Interesta of his Indiana Company Some of his de- 
coendants haw occupied prominent poaltlous In New Jersey.— (^rnerUoiTir of Bartg 
aettlerB of TVen/os, by Rev. EU F. C'ooley. Treuion, 1889, 9Ma\\ I'enn. Ct}t. Rec- 
pnCs and Penn. ArrAivm, pajodni ; Journal of Capt, Wm. JVeaf— (W. N.l 



» Sir William Johnson. 



* Lord Hillsburough. 



1769] ADUINISTKATION OF OOVBHNOR FBAXKLtN', 



113 



of the Treaty,' so that I imagine that Capt. Trent will 
meet with no difficulty in his apphcatiou. Indeed, it 
is necessary to our friend AV.'s'' affairs that he should 
finish his Business in England in a short time, for 
those with whom he has left the care of his affaii*8 
find a good deal of difificulty in keeping matters quiet 
with some of his Creditoi*8 timing liis ahsence. 

I have entered far into the spirit of Farming, and 
have lately made a considerable addition to my Farm 
on very ivasonable terms. It is now altogether a very 
valuable and pleasant place. I must l>eg of you not to 
omit sending me the drain-pluiigti I wrote to you for, 
invented and made by Wm. Knowles, at Newjx)rt, in 
the Isle of W'iglit. I oI>sei've by his Advertisement 
that lie is to be heard of at Mr. Bailey's, Register of 
the Society for the Encouragement of Arts. I Ukcwise 
want a Roiheran or Patent Plough, as it is tailed. 
There is a draft of one in Mill's Husbaudr>' and in the 
Select Transactions of the Edinburgh Society, but can't 
get our workmen here to make one by it. They under- 
stand the making of no other Ploughs hut what are in 
connnon use here. I was thinking to request Knowles 
t») make me one of this kind also (as he advertises 
making all sorts of Ploughs on the best mechanical 
Principles); but since I have learnt that he hves in the 
Isle of Wight, I am at a loss to know how it oi* the 
Draiu-Plough can be sent without a great Expense, as 
I l)elieve none of our Vessels in the time of peace touch 
at Portsmouth, and U> s*md it to London (if by land) 
will make it come very dear. If, however, there are 
oppf)rtanities of sending them by water to London, or 
stnne other SeaiMji*t whence vessels sail to PhilaiVa, the 
ex|)euce may not, |»L'rhaps, be worth minding. 

I have not yet seen Mi*. Caiger, who was recom- 
mended to you by Mr. Small and Mr. More, noi* heard 



The Trealr «t Fori Stonwlx. 



> Swnuvl Wtuuton 



lU 



ADMINISTRATION OF GOVKRNOU FRAKRUN. 



[1769 



of his arrival in America. Should it be in my power 
to serve him in what he requests, I shall i-eadily do it. 

Mr. Morgan, oui* Secretary, is in Canada. I had a 
very polite letter from him last week, in which he 
mentions his intention of being here some time this 
mouth or the next. Mr. Reed, our Dep'y Sec'y, has, I 
iHulecstand, let his House in Trenton, and intends soon 
for En^^land, to many De Berdt's Daughter.' He has 
not, however, mentioned his intention to me, and |)er- 
haps will not think it necessary. He never comes here 
but at the time of the Courts, leaving his Business of 
Secretary entirely to Clerks, both hei-e and at Amboy. 
Mr. Morgan intimates as if he had a design of chang 
iiig his Deputy, but it is a matter I don't choose to 
interfere in; all that I shall desire is, that whoever he 
appoints may be obliged to i-eside here, and may be 
proi>erIy (qualified bo execute the Business. 

Public Affairs remain much the same on this side of 
the water as when I wrote to you la.st. The Members 
of the New York Assembly are differing greatly among 
themselves. Col, Schuyler and Mr. Walton' went out 
to fight a Duel, but tiiought betU'iof the matter when 
they got on the ground, and settled their differences 
amicably. Col. Lewis Morris is expelled for not being 
a Resident of the Borough of West Chester, for which 
he was elected, though he has a considerable Estate in 
the Borough. Mr. Livingst(»n, their late Speaker, is 
like to be expelled on the same acc(»uut. By the Resolves 
of the House, they allow non residents have a right to 
elect, but not to be olected. Parties run very liigh 
among them. 

The Boston Writers have attacked GovV Barnard 
on his Letters and on his being created a Baronet.' 



* 3»e cinfr, p. 0. no*«. 

■ ijuerr : Col. PhlUp Bcfauyler and Jacob Wftlton i?). UoUi weiv nwrnbcn of ik« 
New Yoib A»4fmblr to 1"B0. 
S<w N. J. Archlvea, IX., Jffl, note. 



1769] ADMIKISTRATION OP GOVBBNOB FHANKLIX. 115 

They worry him so much that I suppose he will not 
choose to stay much longer among them. There is a 
talk that a new Governor is shortly to be appointed. 
Many of the principal peopl*; there wish you to be the 
man, and say that you would meet with no op[>osition 

from any party, but would soon be able to conciliate 
all differences. • 

Our Supreme Court is sitting, and I am a good deal 
engaged and hurried. 

Betsy joins me in duty. I am, as over, 

Hou'd Sir, your dutiful Son, 
Wm. Fra>'KLin. 



Order in Council disallowing the bill passed iit- Nvw 
Jersey '"For Making Ctirreat Xlo(),OiX) in bills 
of Credit:' 

tFrom 1*. R O. Amertca and V,'cat ladim. Vol. lOB.) 
At TIIE COITRT AT S' JaMKS'S THE 2H^" DaY OF 

May 1769. 

Prehent 

The Kuig's most Excellent Majesty 
I>»rd President Earl of Hillsborough 

Lord Privy Seal Viscount Wejnnouth 

Earl of Rochford Viscount Bamngton 

Whereas there was this Day read at the B<;)ard a 
Report from a Committee of the Lords of His Majes 
tyV most Honorable Privy Council dated the sV' in- 
st-ant in the Woixls following, viz' 

*' Your Majesty having been pleaded by Your Order 
"in Council of the 3' Instant to refer unto this C\)m- 



116 ADMINISTHATION OP GOVEHNOIl PRANKLIS. [1769 

** inittee a Representation from the Lords C'omrnis- 
**sionei-s for Trade & Plantations, setting forth that 
*'they have had under consideration a Bill passotl by 
" the Council & Assembly of Your Majesty's Province 
** of New Jersey, " For making Current One hundred 
'* tliousand Pounds in Bills of Credit" ''Whereupon 
•' they humbly lK3g leave to represent tu Your Majes- 
'* ty, That this Bill, which for the reasons set forth in 
the Preamble, was passed by the Council & Asstmibly 
of New Jersey for the purpose of emitting one htm- 
dred thousand Pounds in Bills of Credit urR)n Loan 
Enacts, tliat the said Bills of Credit should pass Cur- 
rent in the above Province for the several Sums for 
which they shall be struck thereby iuiiK>rtinfj; tlmt the 
same shall be received within this Province as a Legal 
Tendei- in Payments of Monoy; From which without 
instancing any other objection it is obvious that the 
above Bill in its present form cannot be allowed to 
pass into a Law as being contrary to an Act of Par- 
liament passed in the fourth Year of Yoiu- Majesty's 
Reign, for ])reventing paper Bills of Credit thereafter 
to be issued in any of your Majesty's Colonies oi* Phui- 
tations in America frem being declared to be a legal 
Tender in Payment of Money; But as Your Majesty's 
Governor of New Jei"sey strongly represents the neces- 
sity of An Act of this nature hxHi from the objection 
above stated, &. therefon? prays to receive Your Ma- 
jesty^s Instmctions thereupon before the next Meet- 
ing of the C*ouncil and Assc'inbly at which time he 
expects they will pass sucli another Bill, and press for 
his Assent, the said Lf>ixiR Commissionei-s do, for these 
reasons, humbly recommend to Your Majesty to sig- 
nify to Your said Governoi*, in cai*e the actual neces- 
sity of emitting Bills of Credit upon Loan to the high 
Amount now proposed, can be ma<le to appear, & 
provided c-ire be taken effectually to observe the re- 
striction of the Act of Parliament prohibiting such 



I7(i8] AnMIVISTHATtOX OF OOVERNOK FHANKLIN. 



ll-^ 



Bills to be deemed a legal tender; that no objection 
occui-8 why an Act of Assembly under pr(.>|)er hmita- 
tiouB should not be allowetl to be passetl for the jtur- 
poses above mentioned: but as many regulations may 
l)e found necessary when a measure of tliis conse- 
quence shall come under considei'ation which cannot 
now be point^^l out and descrilxHl, tlie said Lonls Com- 
raissionei*s would iiunibly propose to Your Majesty that 
Your Governor of New Jersey should be expressly re- 
strained fn^ni assenting to any proposals for thealM">ve 
purposes whereby the same may be carried into effect 
without reference to Your Majesty's approbation; for 
which end the said Lords Commissioners would hum- 
bly recommend that he should be directed either to 
transmit them, (as in the present instance,) in the 
form of a Bill, or if the same shall he passed into an 
Act, to take care that a Clause sliall be insei-tod therein 
suspending it's execution 'till Your Majesty's Fleasui-e 
t]iereu|>on can be obtained. The Lonls of the Com- 
iuittee in obedience to Your Majesty's said Order of 
reference, this day took the said Represeutation & 
Bill into Considei'atiou, &. do agi*ee humbly to report, 
that it may be adviseable for Your Majesty to disallow 
the said Bill, & to issue such directions to Your Gov- 
ernor of the Province of New Jersey as is above pro- 
posed by the said Lords Commissioners for Trade & 
Plantations. 

His Majesty taking the said Report int*^ considera- 
tion is pleased with the advice of his Privy Council to 
approve thereof and accordingly to declart? His disal- 
lowance of the said Bill; and to order as it is hereby 
ordered, that if the Council & Assembly at the next 
meeting shall pass another Bill to the same effect and 
press for the Governor's assent he do not on any ac- 
count give his assent to any proposals whereby the 
same may be earned into effe<^;t without i-eference to 
His Majesty's approbation; But in case the actual 



118 ADMtVlSTRATXOK OF GOVBRKOB PRANKIJK. [1769 

necessity of emitting Bills of Credit upon Loan to the 
high amount of <£10it,f]i^), can be made to appear and 
jiiDvide"! effectual Care be taken that such Bills of 
Credit shall not be deemed a Legal Tender in payment 
of Money, His Majesty doth hereby further order that 
the Governoi' do either transmit such proposals as he 
may receive from the Council & Assembly for that 
purpt)se in form of a Bill (as in the present instance) 
or in Case the same he jtassed into an Act, that he do 
take care a Clause be inserted therein, suspending 
tlie execution thereof imtil His Majesty's pleasure 
thereupon can be obtained. 

Whei-eof the Governor or Commander in Chief of 
the Province of New Jei-sey for the time being, <fc all 
others whom it may concern are to take notice & 
govern themselves acconlingly. 

Steph. Con^RRi-u 



Letter of acknowledgment from (ror. Franhlin to the 
Earl of Hilhhortjuyli, 

(Frooi P O. America niul Weia IiidlM. Vol. tT4 (11H>.| 

Burlington, N Jei*sey, July ISV 1760. 

To The Right Honoralde the Eiirl of Hills- 
borougli, &^ &? 

My Ijord^ 

I am honouretl with your Lordship's Letter of the 
13*?" of May, inclosing the King's gracious Speech at 
the Close of the last Session of I'arliament. The Sen- 
timents expi-essVl by His Majesty relative to the 
Measures which have of late been pursued in North 
America will I \\u\m answer the good Pur|>ost»s in- 
tended. But 1 am fully convinced that the Assurances 



1760] ADHrKlSTRATlON OP OOVBHNOK PBANKLIN. 119 

given by your Lordship, that the pi-esent Adminis- 
ti*ation have no Design to propose to ParUatnont to 
lay any hu-ther Taxes upon America, and that they 
intend U> propose in tlie next Session to take off the 
Duties upon (ilass, Pii]>er & Coloui-s, cannot fail to 
I>nKluce the most Sahitaiy Effects. 

His Majesty may have the firmest Reliance, that 
Notliing on my Part shall be wanting to i-emove the 
Pi-ejudices which may i-emain on the Minds of His 
Ruhjects within this Government, and that it shall be 
luy Constant Endeavour, as it has hitherto been, to 
l)roraote those Sentiments of Duty, Confidence and 
Affe<^tion which are so necessary to the Honour, 

^ VVeliai-e, and Happiness of the whole British Empire. 

^B I have the Honor to be, with the greatest Ilespect, 

^^^^^ My Lord, Your Lordship's 

^^^^K most obedient, &. most humble Servant 

I 



Sfntemenl of the Claim of New York vs. New Jersey^ 
in relation to Bonndanes. 



\Vram N T. VnX. MSS., In Secretoir of Stat^-'s Offlm-, Albany. Vol. XCVI.. p. I*).] 

A Plain and full state of the Demands & Preten- 
tions of his Majestys Colony of New York against the 
Prtjprietary Colony of New Ca?sana or New Jersey 
(respecting the Boundary Line to be settled and ascer 
tained between the siiid two Colonies) tor the Hon- 
ourable his Miijestys Commissioners appointed by 
Lettere Patent under the Great Seal of Great Britain 
bearing date the seventh day of October in the seventh 
year of the reign of his Majesty George the third for 
ascertaining, settling and delterniiningj [the] Boun- 
dary Line l>etween the said two [Colonies] prepai*ed 
by us the subscribers nominated as Agents by Act of 



120 



A-DMIKISTKATIOX OP GOVERNOR PRAXKLIN. [17G9 



Assembly of the C-olony of New York, and to be ex- 
hibited to tlie Said Commissioners at their first meet- 
ing appointe*! as in and by the said Commi8sionei*s is 
dimrted to be held at the City of New York on the 
Ei^litoeiith Day of July in the year of our Lord one 
tlionsand seven hundi-ed and Sixty Nine Vizf 

1^ His late Majesty King Charles the Second l>eing 
in right of his Crown of England seiztxl of the sov- 
ereignty Soignory and Property of the Southeastern 
Coast of North America from the Southwest Cai>e of 
Delawai-e Bay commonly called (.?ape Henloj)en as far 
as and * » « Connecticut River and the 
T^mds extending * » * i]^^ g^y Coast 
mto the Country as far hack as * * * * 
first springs Heads or Soui'ces of Delaware River Hud- 
sons River and Connet^ticut River except such ]>arts 
theit'of as may have been granted by the Crown if 
any such had been granted did by liis Lettei-s Patent 
imder the gi*cat Seal of England beai-ing date the 
twelfth day of March in the sixteenth year of his 
reign H»(>J» give grant and ratify and confirm in fee 
simple imto his Brother James Duke of York after- 
war*ds King James the second of England among 
other Tracts in the said last mentioned Ix^ttei-s Patent 
Mentioned and described— '*A11 that Island or Islands 
** commonly callt>d Matawacks or TiOTig Island situate 
'* and being to the West of Cape Cod and the NaiTOW 
* ' Higgansets and butting upon the main Land — be- 
**twe<^n the two Rivers there called and known by 
*' the names of Connecticut and Hudsons River * 
*•* * * with the said River called Hudsons 
" Rivttr * « * * fnun (he West side of 
'* Connecticut River » # * * ^^^ of 
'* Delaware Bay. 

2'V'. The said James Duke of York thus seizefl of 
the pn-mises gi'antfid by the said Lott-ers patent of 
King Charles the second by Lease and Release dated 



W] XtiMimsTRATrON OP OOVEBN'OR prakklin. 131 

the iwenty third and twenty fourth Days of June in 
the sixteenth year of the i-eigne of King Charles the 
second did grant in fee to John Loi-d Berkley Baron 
of Strattou and to sir George Carteret of Saltrnni as 
Tenents in Common in Equal Moities "All that Tract 
"of Land adjacent to New Enpjland and lying and 
** being to the Westward of Tx>ng Island and Manhat- 
*• tens Island and Ixjunded on the E;ist part by the 
'* main Sea and part by Hudsons River and hath upon 
"the West Delaware Bay or River and extending 
"Southward to the mam Ocean as far as Capt^ May 
** at the mouth of Delaware Bay mid to the Northward 
" as far as the Northermost Branch of the said Bay or 
" Rii^r inhi'ch is in forfr/ one degrees avd forty Min- 
*' tde^s of Ijatiinde and crosseth over thence in a 
''straight line to Hudsons River in foi*ty one Degrees 
"of Latitude/' 

:i'? . The Dutdi who it is well known were at tlie 
time of the grant of the said Letters Patent and Lease 
and Release, in Possession of that Pai-t of the Terri- 
tories thereby granted to which the line in contiT)- 
versy can have any relation surrendered the same on 
the twenty seventh of Atignst I^iU to Coll. NMchols 
appointed the Dukes Governor of his Territories in 
America which Territories were Confirmed to the 
f*rown of England by the third Article of the Treat>^ 
f)f Bre<la in lOfiZ and afterward in iOTii in the war be- 
tween England and the ITuited pmvinces were repos- 
sessed by the Dutch and were finally siirrendered & 
Confirmed to the C'rown of England by the Treaty 
concludefl with the United Provinces at Westminster 
the Ninth of February I07J. Therefore the said 
James Duke of York to remove all Doubts (concern- 
ing the Operation of the aforesaid Ix^tters Patent from 
King Charles the Second to him) that might arise 
fmm the afoir^said possession of the Dutch and their 
aforesaid SuiTender to the Crown of England by the 



m 



ADMINrHTRATIOK OP OOVRKSOR PKANKLIX. 






Treaty of Westminster obtained other Letters Pateni 
under the great Seal of England bearing Date the 
twenty-ninth Day of June in the twenty sixth year of 
his Majesty's, reign 'anno 1(174 wheivby Cbarle« th< 
second grants tct him in totidera verbis as in the afoi 
said Letters Patent of the twelfth of March in tlu 
sixteenth year of his reign. 

41?. On the twenty eighth and twenty ninth Dayi 
of July hi74 (John Loi-d Berkley being then dead) Si 
George Caiteret to remove the like Doubts as to hu 
Interest under the above nientioued Lease and ReleaHe 
from the Duke of York to the said Ijord Berkley an< 
Sir George Carteret and to vest himself with the gi-eai 
est Fart of New Jersey in .sereniHtj j>it>eureil a hoas 
and Release of the last mentioned dates to be executed 
by the Duke of York to lu*m for Parcel of the l^ands 
granted hy the said first mentioned Lease and l^-lease 
thereby to Vest him with the siiid jKii-cel in severalty 
in fee simple und* r the following description to wit 
"All that Tract of Land adjacent to New England and 
*' lying and being to the Westwaiti of Iiong Island 
"and Mauhattens Islaud bounded on the East 
** pai't by the Main Sea and part by Hudsona^^ 
"River and Extends southwards as far as a cer^| 
"tain Creek called Bai'uegat being about the Mid- 
" die Ix^tween Sandy point and Cai>e May and lM:)unded^ 
*' on the west in a Straiglit 1 Jue from the said CreekJ| 
** called Baiuegat to a certain Creek in Delawai'e 
** River Next atljoining to and Ijelow a certain Creel 
" in Delaware River called Kaukokus Kill and froi 
** thence up the siiid Delawai-e River To the Norther- 
'* most Branch thereof which is in forty one De^i 
**aud forty minutes of latitude. 

5^, James Duke of York on the Demise of of Kiuj 
Charles the .secx>nd on the sixth day February I0S4 
succeeded to the Crown hy the Stilo and Title of Iviug. 
James II. of England ami V--' of Scotland. 






1708] APMIXISTRATIOH OP QOVEKKOR FUAKKI.TV. 133 

0"'^. By this Succession hLs Title as a gi-antee of all 
the Lands which i^emainwl (of thotw* that wei-e granted 
to hira by the aforesaid Lettera Patent from King 
Charles the second after the execution of the said two 
sets of Leases and KeleaAes by him) Merged in his 
Cro>vn riglit and from the time of the said succession 
he and his Royal surcessors Kin^s & Queens of Eng- 
land anil Great Britain have in right of their Crown 
Stood seized of the Sovereignty Seignory and Proj^erty 
of all the said rernainin;^ L;iuds aw Parcels of the col- 
ony of New Yoik excepting the property of such Parts 
thereof as have been granted to divere Subjects under 
the great Seal of the Colony of New York and such 
other parts thereof ua have by settlement fallen with- 
in the Colony of Connecticut. 

r'*!'. Besides tln:>se Lands which (Exclusive of what 
may have passed by the said two sets of Leases and 
Relea>$es and exclusive also of the said Lands fallen 
within the Colony of Connecticut as aforesaid) were 
granted by the said two Letters Patent of King 
Charles the second to the said Duke of York. The 
Colony of New York has always been deemed and Es- 
teemed to Extend Northwanl without I^imitation so 
as to include within its confines and Territories all the 
Lands that are not included in either of the Colonies 
of Connecticut or MassiicJiiisetts Bay or New Hanip 
shii-e on the one side or the ('olonies of New Jei-scy or 
Pennsylvania on the other side. Therefore 

SH»I\ All the Ivmdft wliich are included in theColony 
of New York as herein is innnediately above ilewcribed 
which have not l)een granted away to subjects by Let- 
tere Patent under the Great Seal of the said Colony of 
New Y(jrk do now vest in point of soven^ignty seignory 
& Pro|>erty in his Present Majesty King George the 
tliii-d. 

nH'.'y. All the Lands which by virtue of the aforesaid 
two seta of Leases and Releases fi^oni James Duke of 



X'H ADMINISTRATION OP OOVRRJTOR PRAXICLIN. [1700 

York Constitute the Colony of New Jersey do now in 
|K>int of Seignory and Proi)erty wholly and Exclusively 
vest in the Heirs or assigns of the said John Ijovd 
Berkley and Sir George Carteret or one of them the 
sovereignty thei*eof only l>eiiig in his Present Majesty, 
as by the first distinction hereafter mentioned will 
appear; and ^J 

I ( )^'.''^. To Explain what we understand by the Terms^^^ 
Sovei-eignty Seignory and Property in the 8^ & 
9"" Points we observe that by Sovereignty we mean 
the BUpreani aud Sole Government and Dominion 
vesting in his Majesty in the right of his Crown By 
Seignory the right to rents reserved Escheats forfeit- 
ures &c. and by pmjierty the exclusive right of jx>sses- 
sion and use in Lands which enables the owner to dis- 
pose of them as lie pleases 

1 1".'.'='. Tile Latitude of foi-ty one Degrees of Hudson's 
River was undoubtedly intended as a Station in the 
l)ouiularies of tbe Two aljove mentionetl sets of Leases 
nnd releases from James Duke of York (under one or 
both t)f which the Proprietaries of New Jersey aresup- 
poseii to Claim) being by both tlie said Lewises and re- 
leases fixed as the Stationary point of Boundary for 
Nova Casaria or New Jersey on Hudsons River. 

12*^^ Another Stationary Point of Boundary iscleai-ly 
fixed by the said two sets of Leases and lieleases on 
the Northermost Branch of Delaware River and a 
sti-eight Line from one of the said stationary Points 
to the other is also expressly given by the said two set^ 
of Leases and releases as and for the Northern Boun- 
dary of New Jersey, therefoi'e — 

13""^ All the I^nds lying to the Northward of the 
said Northern Boundary ai-e Clearly included within 
his Majesties Colony of New York But. 

1^11.1) 'p|n3 Coui-se of the Line or boundary is (as we 
cx)nceive) the Matter in Conti-ovei-sy aud tlie Subject 



1769] ADKINISTRATIOX OP OOVERNOK FRANKUN. 



135 



Matter of His Majestys Royal Coiumission upon which 
the following Question arises to wit — From what 
point on Delaware to the Latitude of H? on Hutlsons 
River was the said Stmight Line of Boundary ex- 
pressed in the said several Grants' from the Duke of 
York to the Proprietors of New Jersey intended to 
run — In order to the proper determination of this 
Question we conceive it Necessary in reference to the 
said Line or Boundary upt^n which the Question arises 
to take the following Distinction in stating the Claim 
and PretentouH of the Col(»ny of New York against 
the Colony of New Jei*sey to wit — 

I. That tho with respect to tl»osovei*eignty of hot! i 
Colonies his Majesties Interest stands Indiffcixuit in 
the present Controversy, and tho also his right of 
seignory as the Chief Lonl or Loi'd Pai-araount to the 
Proprietaries of New Jersey is equal as to its Nature 
with his seignory in the Colony of New York as to 
the Lands therein ab-eady granted or hereafter to be 
granted yet in point of Value it is vastly inferior in 
tlie Colony of New Jereey to what it is and may be in 
the Colony of New York a certain small Sum in Gr<.>s8 
being |>ayahie(as apjjears by the said two releases) as 
the Chief Rent for all the Colony of New Jersey 
whereas the Quit Rents being reserved on each par- 
ticular patent in the Colony of New York arc or may 
be of Much gi*eater Value as they will l>e incre;ising in 
Value lu proportion to the Lands that may from time 
to time be granted as in the Colony of New York 
l)esides which the Uovernnient Seignory and property 
of all the Duke of York's Territories having passed to 
him by the said two lA'tters Patent of King Charles 
the second and the Government Seignory and piojx'rty 
of the Colony of New Jersey having jwssed to the 
proprietaries thereof hy the Dukes said Grants to the 
said proprietaries and they having siu-rendered to the 
C^wn Nothing more than the Government of the said 



126 



ADMINISTRATION OF OOVKKNOK FRANKUN. [1769 



CJolony (which sun^emler was made to Queen Ann on 
the :i2'^ Apiil l7o2 by William D' * • * * in the 
name and Behalf of the Propnetoi-s of East New Jer- 
sey and by SirThomas Lane on tlie Pai-t and behalf of 
the Propnetors of West Jersey.) all Escheats for for- 
feitures &c. by the imder tenants of Land in that 
Colony must enure to the benefit of the proprietaries 
in whom the Seignoi-y of the said Colony now is 
whence it folows that in point of Seignory the Crown 
in interested on the part of the Colony of New York 
against the Colony of New Jersey — 

'2^}y That in point of Property the Crown has not 
the least imaginable Interest in the Colony of New 
Jersey Whoreiis his Majesty is or u)ay be in point of 
Pi-operty greatly interested on the part of the Colony 
of New York in respect of such Lands as I'emain uu- 
grauted by the Crown within that Colony. Under 
the Influence of of those two distinctions and the 
operation of the above stated Train of Facts — which 
pi-ecede them we state the Claim and pretentions of 
the Colony of New York against the Colony of New 
Jersey a.s follows that is to say. 

1"'. The Stationary Point or Boundary on Hud sous 
River being intended to be fbced by the Grants above- 
mentioned fi'om the Duke of York to the Proprietaries 
of New Jei-sey in forty one Degrees of North Lattitude 
We in behalf of the Colony of New York and in re- 
spect to the King-s Seignory and in Case it should be 
determined that Stations were not fixed in the year 
16H0 so as to bind all parties do Claim as boundary 
between the Colony of New York and the C()lony of 
New Jersey a Sti-aight and diiect Line from the Lati- 
tude 41", (M»\ on Hudsons River to the Head of Dela- 
ware Bay which we assert to l>e at Rendy Island a Spot 



' Tb« murendvr was made by WUlfom Doclnm and rorty*ODe a»oi 
April 15, 1708, ami vas accepted by (ju«eu Aj>B0 In Couucll, April 17. ITU. 
and ConeationM, in6-7. 



OranU 



1769] 



ADMiyiSTRATIOK OP GOVERNOR FRANKUX. 



127 



well known and distinguished in all the Accurate Maps 
of the Country and such Line we Contend is the rear 
Line of the Tract that was granted by King Cliarles 
the second to James Duke of York because that the 
words of both of the above Mentioned Patents to the 
Duke of York, are **AI1 the Lands from the West side 
of Connecticut River to the East side of Delaware 
Bay " and therefore Can not by any possible Construc- 
tion admit of an extent of land beyond the Hvad of 
the Bay and alomj the Hirer, Delaware Bay and 
River thiTigs as Geographicallj' different as Hirer and 
Ocean whence wo insist that whatever may be the 
b(jiind;iry intended by the several grants fi-om the 
Duke of York to the Proprietaries of New Jersey; Yet 
the Operation of those Grants must necessarily be 
cxtnfineil to the bounds assigned to him by his Patents 
from the Crown. But 

2'-? If against the Lett^^rs of those Patents it were 
Possible to (conceive tliat all the Lands between Dela- 
ware Biiy and River on the one side and Connecticut 
Kiver on the other up to their ivspective sources passed 
to the Duke of York vet we Contend that even in such 

ml 

Case the Boundary in Construction of the Dukes sev- 
oml aforesaid (Jrants to the Projirietaries of New Jer- 
sey would be a direct Line from the Stationar>' Point 
on Hutlsons Hiver fo the SjMit or place which is now 
Commonly called the Forks of the Delaware or which 
is the same thing that Coui-se i*eversed. 

This Construction we will sup^x^i't first by intrinsic 
Evidence in the woixls of those Grants and secondly 
by extrinsic proof Drawn from DifFei-ent (Quarters. 

1"* From the words of those grants tho' certain De- 
gi-ees of Latitude ai-e tliereiu mentioned as well on 
Delaware River as on Hudson s River yet the words 
to Hftflso))s Hirer in /or/// oue iJegrees of fMiiffide 
plainly and netressarily import that the Latitude it- 
f«elf on Hudsons River was to be the Boundary but the 



128 



ADMINISTRATION UP GOVBaNOU FRANKLIN. 



[i;o9 



words in the same grants that respect the Boundary 
on Delawai-e are of quite Different Fi-ame they are u[» 
the said River Delaware in the one as far as and in 
the other to the Northerniost Branch thereof which 
necessarily im|>ort that the beginning of the Norther- 
niost Branch of Delaware is the Boundary there and that 
the woi-ds, n-hicfi is 171 forty one Degrees d: forty Min- 
utes (being relative Terms and plainly refemng to 
ichich Northennosf or Beginning of the Northerniost 
Branch) are a<lded as descriptive of tlie beginning of 
the Northerraost Branch or the spot where the Boun- 
dary wfLs intti!idefi t<:> he; and therefore the beginning 
of the Branch and not the Latitude being intended to 
be the Boundary and the Latitude l>eiug only desci-ip- 
tive if such Latitude was mistaken in the description 
and the Beginning of the then esteemed Noithermost 
Bra»i(^li cati bo sjiewn that and not the Time Latitude 
must be the Boundary; and Therefore 

2^? Our extriiisic Proofs will be c^ilculated to shew 
that the beginning of the Northeiraost Branch of Del- 
awai'e in the estimation and intention of the Duke of 
York and his gi-antoes was at the Place now called the 
York of the Delawai-e— These extrinsic Pi-oofs we 
Shall inti'o<luce Principally under the influence of this 
observation to wit that considering the Dates of the 
Grants fi*om the Duke of York to his grantees consid- 
ering also that both grantor and Grantees wei-e in 
England at the time of those Grants they must have 
been framed not by actual observations <fe mensurations 
on the sjwt but from a View of maps which maps 
must (considering the above mentioned jxwsession of 
the Cou»itry by the Dut<;h) have been Antient Dutch 
Maps or Maps compiled from tliem by the English. 

Having thus stated our demands and pretensions 
against New Jersey as far as respects the Seignory 
and pi'oiierty of the Crown to consist either in a line 
rumiing on a Coui*8e from the given I^^titude on Hud- 




1769] ADMIWrSTRATION OF OOVERKOR PRANKLIV. 120 



sons River to the Foi-ks of Delaware until j^uch a line 
Int^rset'ts the alwve mentioned line from tlie Heail of 
Connecticut River to the Head of Delawai-e Bay and 
from the said place of Intersection along tlie last men- 
tioned hue to the Heau of Delaware Bay or in a 
straight line from the given Latitude on Hudsons 
River to the Forks of the Delaware Wo proix^ed to 
state the Quantum of the Seij^ory and proi>erty in 
the Crown which is affected by this Controversy 
and this we shall do by showing that a Vast Body of 
Land lying upon Either of those suppositions within 
the C^olony of New York still remains Vested In point 
of property in the Crown 

To s'pi:K)rt this we insist and shall prctve that in the 
Year UjSS East and West Jersies being then distinct 
Governments they in Conjunction with the Govern- 
ment of New York fixed and agreed uix>ii a Station 
on tlie West side of Hudsons River Due West of Fred- 
erick Philips's lower Mills, wliich to this 'Day are 
standing on the East side of the said River which 
Station was then esteemed to he in the Latitude of 
forty one Degrees on Hudsons River and also another 
Station on Delawai*e River at coi-tain Marked Trees 
and that a straight line from the said Station so fixed 
on Hudsons River to the said Trees had such line hoen 
actually run would have been on a Course North sixty 
two Degrees West according to Natural position and 
that in reference to those stations and the said neces- 
sarily snpjwsed Line fi-om the one to the other of them 
all the patents within this Colony that ai'e expressly 
or impliratively bounded on the Line of Partition are 
Limited and as far Southward as those Stations this 
GoveiTiment has uninterruptedly exercised its Juiis- 
diction tmtil of Late Yeai-s a considerable tract of 
Country near and about Minisiiik was by Violence on 
the |>art of New Jersey torn from the Jurisdiction of 
the Colony of New York, 



130 



ADMIMIBTBATION OF GOVEHNOR FRANKLIK. 



[HHO 



These facts we shall prove by a great Variety of evi- 
dence Extracted from Ancient Maps Public Records 
and act of Legislatures of both Colonics and the testi- 
mony of Witnesses whensoever the same shall on a 
reasonable Day to be fixed by the Commissioners be 
required. 



Letter of Acknowledgment from Governor FtnnMin 
to the Earl of Hillsborough — He fears the evil 
effects of the action of the Assembly of Sottth 
Carolina. 

IFroffi P. R. O. Amerlcji and West Indleo. Vol. I7HH»).| 

BuRUNOixjN, Sept^ 37, 17i»i» 

The Right Hon*'**' the Earl of Hillsl:x)rough. 

My Lord 

I am honoured with your Lordships Letters N, ll^^ 
& 20. Tlie fii-st containing His Majesty's Directions 
in respect to the Bill for making current One hundred 
Thousand Pounds in Bills of Credit; and the latter 
enchwing an Additional Instruction concerning Ijotter- 
ies both which I shall be caix-ful to observe. 

By Advice of the Council I liave sunnnoned the 
General Assembly to meet here on the li»^ of next 
Month. I shall omit nothing in my Power to keep 
them iu a t)roijer Temper, and to induce them to grant 
a farther Supply for the Support of the King's Troops 
in this Colony: But I am not without some Appiv- 
hensious that the late Resolves of the Assembly of 
South Cai*olina. whei-ein they refuse to make any such 
Pitjvision, & declai-e that those Ex|X}nct»s ought to be 
def ("ay 'd out of the Revenue arising from the American 
Duty Acts, while those Acts continue iu Force, will 



1769] ADMINISTRATION OP GOVKRKOR FRANKLIN. 



131 



have an ill Effect on the Minds of the Astjembly of 
New Jersey, and occasion them to act in the same 
Manner. 
I have the Honour to be, with great Respect* 
My L<»rd, Your Lordship's 

most obedient & most humble Servant 

Wf Frankun 



Letter from Qovernor Franklin to the Earl of Hill s- 
horoutjk, anaouncinxj the death of Mr. Ashjiehl, a 
member of (lie. Conucih und recommeudi)ig three 
persons as fit to Jill the vacancy. 

[From P. R. O. America and W««t IuUm. Vol. 174 UM).] 

BuKUNGTON Octr 5, 1769: 

The Right Hon**'* the Earl of Hillsborough, &c. 

My Lardy 

M' Atihfteld, one of HLs Majesty's Comicil for this 
Pix)vince, died last Week, after along Indisposition,' 
I take the earliest Opi)ortuuity to acquaint your Lord- 
ship with tliis Circumstauco, and at the same Time 
beg leave to recommend William Bayard, Escjr to Sup- 



' Lewis Harris AshfleUl was the oldest chnd of Rlehsrd AahSeld and Issbell*. 
dAOi^ter of Ooremor Lcwta HorrU. Hi» father Oiap. I>«c. 15, IKXi; win proved 
July S?. 174:2^ vro-H ibc fuurtli child of Rjctianl A.>thHt'l<l, who woa a Di*pKt;w of 
TliomAs Usrt, od*.* of tb? twenty-four Ea«t Jersey IYoprieton% and came to Amer- 
li^a abrutt IflW— .V. 7. On. <t Ftiotj. Record. JaDtmry, 18TS, *1 ; Khcat>etk-Totcn Dill 
in Vh»Hfrrjf. 11, SI He watt admltieil to thL> New Jt^ntey bar, May. 174'*, and cifsb- 
leezi fean lal«r wax l(c«;tuwd as SerfiMuit.— rroom'f Sup. Cl. Rultx. 188S. M, SB. 
DnabUes thruiiKh ttif ItiHufncp of hin uni;lc, Rnhert Hnnt«r Monis, ^JCvr^B Morris 
Aahlleld was recommeuded. Uarcli *M. 1751. by the Lords of Trade, tor upjiolittiaent 
bi the C-nitncU of Nph" Jersey, which eiiv<> rise to a lon^ and acHmonioUH contro* 
versr H'ltli !Jnvt>ruijr Bfli.-lier Attlillfld ^ot ltiU> a dbM.'r«^lltabU* »Uvet encounter, 
for widcb be was indi<>C*>'l in AtiKUVt. ITAI, but \ra4 flct^uifted in the foUowlDg 
March. Hi)wi.'vi>r, (.rovi-nmr BHh^bt'r iin Lhix and (iLbrr pn-ti^zUt kf^ him out nf hi« 
•eat Id the Councd until April. 17U.-iV. J. Aixhnts, VII., VII.. Part I. paiudni. He 
Ira* continued lo office qnder mcc^asivotiovcrnfirs.— /ft.. 4I,S74.— |W. N.j 



132 



ADMIXIHTRATION OP OOVKRXOR PRAKKUN 



[1769 



ply the Vacancy occasioned by M- A8hfield*s Death. 
His Character & Abilities ai-e such as will do credit to 
that Station, and the' he at present resides at New 
York, yet he assures me that it is his Intention to 
remove into this Pix>vince, where he has a very con- 
siderable Estate. But as my Instructions require that 
I should, on these Occasions, transmit the Xames of 
Three Pei-sons whom I est-eem best qualified for that? 
Trust, I therefore recommend as such William Kelly, 
Elsq*^: a Gentleman now in En^iland, who has a large 
Estate in this Province on wliich he proposes to 
reside when he returns to America, and Michael Kear- 
ney, Esq' a Gentleman who has a Commission in His 
Majesty^s Navy, but resides at present on his Paternal 
Estate in Monmouth County, and is i^iated to some 
of the principal Families in the Colony. Their Char- 
actere and Qualifications are unexceptionable, and I 
think it will be for His Majesty's Service if they 
should all acquiix^ Seats in the Council as Vacancys 
may liappuii, tho* I am induced to request that on this 
Occasion a Pi-eference may be given to M' Bayaixl. 
I have the Honor to be, with gi'eat Resjject, 
My Lonl, Your Lordship's mo.st obedient 
& most humble Servant 

Wf Fkanklin. 



Depntizatiou of Charhs Pvttil to be Deputy Secrclnry 
of the Province of Netv Jersey. 

[From Book AB of ComtoiBaiona, Swretarr of StAt«'s Ofllw. Trenum. fol. ST.] 

To all to whom these Presents sball come Maurice 
Morgann of parliament StT*eet Westminster now in 
New Jersey Esq. sendeth Greetlmj^ WHiereas His pres- 
ent Majesty by his |jettei*s Patent under the Great 
Seal of Gi-eat Britain beaiing date at Westminster the 



1769] ADMIKISTRATION' OF OOVEBN'Ok FRANKLIN. 133 

eighteenth day of June in the seventh year of his 
Reign, did give and grant unt*i the sd. Maurice Mor- 
pann the Offices & places of Secretary, Clerk of the 
Council, Clerk of tJu* Supreme Court, Clerk of the 
pleas, SuiTOgato and Kixiper and Register of the Itec- 
oitls in the Colony of Nova Ceesarea or New Jersey To 
have hold Exercise and Enjoy the said Offices and 
Plact's hy himself or his Sufficient Deputy or Deputies 
during pleasure. Together with all Fees. Profits 
Priviledgos and Advantages to the said Offices l>elong- 
ing and Appertaining Nrnv Kuoiv Ye that for divers 
good Causes and Considerations him the sd. Maurice 
Morganii hereunto moving He the said Maurice Mor- 
gann hath made onlained coustitute*! deputed and 
appointt*d And by these presents doth luake oi^ain 
Constitute depute and appoint Charles Pettit' of the 



■ lhi» 1*eult or Petit famfly U of Huffw>Bot origin, Home of Uist name KftUIng 
About lUO at New Rochplle, N. Y . aud otiiers at Houtbold. I.. I.-.Y. Y. (/en. an4 
atog. Ileatnl. Oclobor. IsSl, iBB; Jonimrr, 1871, 1!; y. Y. Doe. Jliat.. IL, SW; itoe. 
Wert Jertry SHrvfifarM' Auocintion, MB. CharioK Pcttit nurrWI Sjtrah Heed, a 
hair-clsttir of JoMfpfa Keed: she and her three chiUirn werv lirinfc nJtb Hc«<l la 
l^ttntoa In l7Wi,~Hnira Firtt Prri. f'hvrch. of Trrnton. 7.1. IW. Priiir to thin Ume 
^BtUt appear* to Uaw lived la Flilladelpbln. wtit<Di'e bo wrote to liis brother-iii-law 
■ spicy nccouut of the election Iq I'^-L—Itetd'a J{e€d,J.,37- Whuu R**eJ wasap- 
jiulntftl Deputy Provinel.il Secretary tie dniibtlriw inntl?' a pincr at oiil-i* fur liU< 
brotfaer-iu-lav. apuu whom Id time tbe eotire dutins of the oUicv ilirroln-^t. See 
antf, p. 8. and under date of Maj II. iTtiO. When Oovemor Frauklla t'nmnUK<ii'.>n*>U 
Seed to be [*ruvtucial Surrogate, November 10. 1767 [.ante, p. B), beat Uie Miuie time 
cnintniMltMied Charie* PetUt to be one of tlie Surrogates of New Jeney. " account- 
»blp U> Jincph Re«I."— Boo* ABof CuininiMsiniia in. .Secret a nt of Stair' t, offivf. fol, 
9. I^BCtil studied I»w, and wat^ atlniltt«<l ae ao attorney. April '\, ITTQ, ojid as a 
eoansrilor. November 17. ITPl.— I'room'it -Vupreme Court Ruit», \Wi, flO, W. He 
appvars to bavp autH4l iih ihivt-nuir Frank Ud'r Private Sceret^ry. mid when tlie 
Oon*mor removed In 1774 from Biirtin;;Kiii toi'erth AnilKiy, I'l^ult went with him. 
takloir up hlflreeldeiice in tiie ohl Dr. J<ihii5toiir ttoutfe.— Whitehcad*a i'crth Ambog, 
n. Wbeu tbe Qovenior was, arre«t*Hl for iidliefiiis to the Royal cau£«>, IVttit took 
■Idea with the people, and ottlioueh lik*? niatiy oUiefB deapoodent in lbi> dark ftaya 
of 1746 (/i^e^d and Cadictillailer PtiniphUta—ftuiietiUudai's £<>pfj/.SO), be lUd valua- 
hJf« «prricp io hehair of th>- C'-(itutUt«, even wbtn lianuweti with anxi<?t|- for the 
iafety of his family. — A'. J. Rrvotutionarff Comuniondencw 17. A service of pi*cu- 
liar iDberwt vaa the framlue of new forms In English, translated from tbe Old Law 
UttiD precedents, for coosUtutinK^ LVmrta of Oyer and Tenithif r luidfr tbu new 
SCatti QOT«nuaeDt--/t>.. 87. The Proviticial Contcn^ss on February H, ITTfl. din>cU*d 
lb* THSordB of tbe Secretary's office to hr dellvon^'d to him, tliei-oby virtually eon- 
UnutDg him Id ofllce.— Jfitiuf^t. :aA. Ue resigned October 7, I77H, when bis hmrlu^r- 
fn-law. Bowes (teed, was appointed by ibe Leifiitlature.— Jtf^iiute* Jomf .Verting, 



1^4 AIUtlNlSTnATlON OF' GOVEBKOR FRAKKLlN. 11*69 

Colony f»f New Jersey afs'* Esq. his the sd. Maurice 
Morgann Deputy of and in the sd. Offices of Secre- 
tary, Clerk of the Council, Clerk of the Supreme 
Court, Clerk of the Pleas, Surrogate and Keei>er and 
Register of the RecordH of the said Province foi' and 
dunng the pleasure of him the said Maurice Morgann. 
And the sd. Maurice Morgana doth hereby Authorize 
and Impower the said Cliarles Petit to do perform and 
Execute all & every such Act and Acts Matters and 
things as to the Duty and Offices of Secretary, Clerk 
of the Council, Clerk of the Supreme Court, Clerk of 
the Pleas, Surrogate &. Keeper and Register of the 
Records of the said Province shall ap]>ertain or belong, 
or which may or ought to be done performed and 
Executed And Also to have receive and take all Fees 
dues Rights Profits privile<lges and Advantages what- 
soever to the same Offices or any or either of them 
belungiiig or of light ap])ertaining thei'eto, or which 
shall arise happen or become due during such time as 
he shall continue Deputy in the Offices afsd. He the 
said Mam-ice Morgann hereby ratifying and Confirm- 
ing all and whatsoever his said Dei>uty shall lawfully 
do or cause to be done in the jiremises hereby revok- 
ing and making Null and Voitl a Dei>utation heretofoi-e 
given by the said Maurice Morgann to Joseph Reed 
Jmi. of the sd. Province of New Jersey Esq. to Act in 
the said sin'eral Offices or Places and all & every the 
Powers Authorities and Priviledges therein contained 
In Witness whereof the sd. Maurice Morgann hath 
hereunto set his Hand and Seal this twenty sti^veiith 



He liad nit>«ntiinp Imh.>ii nppointrft AbmIrUitiI (^iniit-r-Miuit4*r-Ot*npra] nf UiP ('rtnti< 
bcntal army, in which i-mpocJty lie wa« leiLlous ami vfflch^iit until Ui»? cloar cf the 
war. Hr then rook up his rrsUlein:** In PiMinnylrnnin. w»« »'1bci«I to Uie Asaicmhly, 
ui<l wlillr in tltat body wan ohotwj hy tlu« t,*<trtHULtti *• April 7, ITW. to rv|irT««inl ilw 
Htatp In CootfrvM, bt^iog ro<*le<-ttxl NDvi*uib«r II. tTK\ and oipiiu in N'oveiubvr. 179S, 
rather a«^Un8t biB will, hr my».-Pmn. Arrhirrn. X , 437. £34; XI., 997. In iTVOhi* 
wan ofcain presoed into the public Herrlce. Iwin^t cho«Mi to prp««nt to Congrem Utm 
rlalitm of PuniwylraBla for coinptrniuitlon for motiry exprntliH] durtiiff Hie min— 
/V»iM Uvt. ittc^tnU, XVI . Wi, iU, MO, Mtl; /Vnn ArcAivr*, XL. TtW fW. N) 



[fto9l 



.VDJtimaTRATION OF (;0VERNOR fkAnkliv. 



las 



day of October in the tenth year of the Reign of our 
Sovereign Lord CJeorgo the third by the Gmce of (lod 
of Great Bi'itain Friince and Ireland King Defender of 
the Faith ifcc. and in the year of our Lord One thou- 
sand seven hundred and sixty nine. 

Maurice Morgans [us.] - 

Sealed and Delivered in the presence of us F. W. 
Smyth Chief Justice of New Jersey, 

James Parker. 

Be it Remembeivd that on the third day of Novem- 
hev IT6i» Charles Pettit in the within Deputation (mined 
appeai-ed before me Frederick Sm^^th Esq. Chief Jns- 
tice of New Jei'sey and took the Oaths aiul made and 
subscribed the Declaration acconling to Law and also 
an Oath for the due Execution of tlie (Jflices within 
nientii>ned, wliich I axlrninistei-ed to him by virtue of 

a De<limus Protestatum. 

EF. W. Smyth. 
fjetier from Committee of the Asjiembty to Dr. Benja- 
min Franklin, notifying him of his appointment 
OH Agent of the Colony. 
^^ Irmm New Jeracy HhUirical RorUHy MamwcripU.*] 

BuRUNQTON, Dec. 7th, 1769. 
Sir 

The House of Representatives of this Colony on the 
■sth of last month unanimouKly chose you their Agent 
in London, and ap|X)inted u^ to coiTeH(x)nd with you 
on the affairs of the colony. The Resolve of the 




■Tkli lett«r im uIbd Ut Im- fmuxl {II y J BLBt 8<x'. Ppm< . May, iSM, 188-?Q; in 
WlMtief BaiUAmloFmikllri, YU . I-a': au.l in " Letter Iji Bt'iijainfn Kranldin,*' -W 
h li hmv printed from a cout^mporaru.'oiii^ copy, prcst- nted lo thr SouU^ty In IHGti 
Uy WUlUuu Diiaue. Esq., of PtuloUelpliia. oQii comparKl with the co|iiM rbt-wlitrf 



13(5 




\nMIKISTRAT[OK OP OOV'ERNOn PnANKLIX. [1769 



House by which y*iu weiv apivointed Agent, his Kx 
cellency will transmit to yon properly attest<?d. 

To a Gentleman whose inclination to serve the C-ol- 
onies, we believe equal to his knowledge of their true 
interests, much need not to be said to induce an atten- 
tion to American concerns in the ensuing Sessions of 
Paiiiament. and the confidoncx^ the House have in the 
assurances of His Majesty's ministers that tliey will 
use their ondeavoure for the repeal of ihe Revenue 
Acts, and tliat those endeavours will be successful, ren- 
ders any particular dii'ection to you on this head un- 
necessary, but we could wish His Majesty's faithful 
American subjetrts to stand in their true point of Ught 
before, him that no doubt may i-emain of their loyalty 
and firm attachment to his Royal person and gov- 
ernment. 

We are directed by the House to desire you will ap- 
ply to the proper offices and solicit His Majesty's 
assent to the Bill for Sept<?nnial p]lection of Represen- 
tatives and the Bill for giving tlie Counties of Monis, 
Cumberland, and Sussex a right to choose Represen- 
tatives in the Assembly, transmitted in 1 7(i8. The Pi-o- 
vince is very solicitous for a cimfirmation of these 
laws and we nuist desiiv you will use your influence 
to obtain the Royal Assent to them as soon ;is |>osHible. 
Another Bill in I7«')r) was transmitted for amending of 
the pmctice of the law, which the House wuuld ratlier 
choose should not have the Royal Assent, as a Bill 
they like better lias been passed by the Hous<» this 
Session, which although the Govemor could not pasiv 
yet he has, upon a Message from the House, promised 
to ask his Majesty's permission to give his assent at a 
future session. 

His Excellency, our Governor, will transmit for his 
Majesty's Royal Approbation an Act of Assembly 
passetl this session for making current One Hnndrtnl 
Thousand Pounds in bills of credit, to be let ou loan 



4 



I7(i9j AhMIKISTRATION OP OOVERNOK PRANKMN'. 1H7 

at five per cent. The particular distress of this Pro- 
vince for want of a currency, and the little prospect 
of being able to obtain a Bill very soon to make the 
Bills a legal tender was what induced the Assembly to 
comply with this method, and aa the funds for the 
redemption of the Bills are good beyond a doubt, we are 
under no appi*chensiona of any difficulty as to tlie bills 
obtaining credit and passing in lieu of money. We 
refer to the preamble to the bill and to your own 
knowledge of the pror)riety of the measure; and it 
gives us particular pleasure to intrust to your care a 
matter so generally desiivd by the people of this Col- 
ony, because you so well understand tlie subject and 
can so readily answer any objections that may be made 
against it. 

The House have ordered a sum of money to pay the 
expense that may attend the getting of the Royal As- 
sent to these Bills; and we enclose a Bill of Exchange 
for two hundred jjounds sterling for that purpose. 

The House have also passed a Bill for lending a sum 
of money to the Geuenil Pnjprietors of the Eastern 
division of this Province and have by a Message to the 
Governor infonned him that they would direct their 
Agent by a Memorial to suiijjai't the claim of this Col- 
ony before his Majesty in Council/ You will, from 
the Agent appointed by law to manage the contro- 
versy between the colonies, receive a state of the con- 
troverey and every paper necessary for you to inspect 
l»efor'e dmwing your Memorial. The House have 
therefore directed us to inform you tliat the principal 
motives of the House for your application to his Ma- 
jesty, are 



' "An Aft to ludemnify the Treoaurerfi of tbls Colouy for a«lvauclni; certain Sum« 
of Money to the Aicenta appcintftl by Law to manairt? the CnntroverBj touching the 
SetUameSt of the Line between Nevr Jeraey and New York. nnJ For otlier Purpogea 
tberela Mentioned," passed I>Hcember <l, I70». Tlie amenta w«re John 8t«Teni, 
Jamw Parlrer, Henry Cnyler, WlUiam Donaldson «nd Walter Rutherford. .<//i«- 



Ids ADMlNISTKATION OF GOVERNOR PRANKUX. [1766 

Ist. That justice may be done to individuaLs a» well 
as the Colony in geneiul, and altho* the House does 
not pi'etend to direct where the said line ought to be 
fixed, yet as the settlement of said line will in its con- 
sequences affect the Colony very sensibly, especially 
should any station be fixed Southward of this line sol- 
emnly settled in the year J 7 1!', in consequence of 
which gi-eat numbers of f>eople settled up to the said 
line and have ever since done duty and paid theii' 
taxes in this tTOvernment. should that line be altered 
and l>rought ftouthwani, many honest and ln>na ride 
purchasers will be involved in ruin, unless Ills Majesty 
shimld think proper to interpose. 

2d. The Injustice to this C'olony will appear vei*y 
great when it's considered that the line of I7l!» has 
constantly Imeri deemed the line of division lx*tween 
the Governments, and the settlers and lauds up to 
that Hue have ever been estimated iu the taxes; hence 
should the line be removed Southward this Colony 
that has incurred a debt of one huudi*ed and ninety 
thousand pounds in the late war, yet undischarged, 
will be deprived of valuable settlements in ]»aying off 
this debt and the burthen inci*eased on the remainder 
of the Colony. From this sketch of the sentiment of 
the House and the |tiipei-s that will be laid before vou 
by the Agents appointed by law to manage the con- 
troversy between the Colonies, you will l>e able to 
frame a Memorial to his Majesty; hut as no appeal is 
yet made, and only threatened, no application fi-om 
you to his Majesty will be necessary until such ap]>eal 
is actually made by the agents from ^'ew York. We 
are 

Sir, with great sincerity and resi)ect. 
Your humble servants, 

COKTLANDT SkI»EK HknUV PAXrt<»N 

Aakon Lkamlnu KIkicnkzkk Mmj^kk 

AbKAIIAM HKWLINtJS, JoSEPH SMITH 



17691 ADMINlhTRATIOK OV OOVRKNOR PHANKUN. 139 

When you write by way of New York please to di- 
rect to Cortlandt Skinner, Elsq Spe^iker of the Assem- 
bly of New Jersey: and by way of Philadelphia to 
Abraham Hewlings or Joseph Smith Escii-s at Bur- 
lington. 

BiTtLiNGTON, Deer. Ilfth 1709. 
Esteemed Friexd 

The foregoing is a copy of a letter wrote by the 
Committee of Con*espondeuce which was forwarded 
by the way of Bristol. Nothing further at present than 
to inform the foi-egoing and to inclose and Bill for 
i;2*Mi stg drawn by Garret and (_leo: Meade on James 
Dormer Es<jr in Tx»ndon. 

I am very resi^ectfully 

Thy friend 

Joseph Smith. 



Letter from the Earl hj HiUshorongti to Qoveimor 
Franklin^ stating that the i^ords of Trade had 
revonimcnded (*orilandi {Stephen) Shiyiner' to (te 
appointed a Memtier oj the Neir Jersey Council. 

iFroni r. K. O.. Amerta and Wvst Indlns. Vol. 171 (\W).\ 

Whitehaix Decern'^ l*^** 17«s» 
Governor Franklin 

*<?/r, 

On the loV" of last Month I leceived and laid before 
thf^ King your dispatches N' 18 & U*. 

The ill effects of the Resolves of the Carohrui Assem- 
bly in i*es|>ect to the Mutiny Act have but too plainly 



■ IntMidml Tor Sb>plifa Htdnnrr, who. b fuw days srUtntiinlN, was uppultiled m 
liuttutier of Llia Council. 



140 ADMIN'ISTBATION OP OOVEUXOB PRASKLIX. [1769 



shewed themselves in other Colonies, and seem to 
justify your apprehensions that they may have the 
same consequences in New Jei-sey; The King how- 
ever confides in the professions you have made of a 
dutifull obedience to His Commands, that you will 
upon tliis occasion use your best endeavours to dis- 
suade the Assembly from taking any notice of these 
Resolvas and to induce them to make such pmvision 
for quartering the Troops as the Act requires, which 
will l)e the l)e8t plea they can liave for any alteration 
they may wish to have made in it. 

I lost no time in I'eceiving His Majesty's Cotnmands 
to comniiinicate to the Boani of Tmde your Letter N'* 
II* recommending M' Bayard to supply the Vacant 
Seat in the Council. 

Their JLiordships however have thought fit that the 
present vacancy should be fillt^ up by the appoint- 
ment of Mr Cortlandt Skinner wiio has long been upon 
their list, as a Person to whom they stood engaged for 
the fii-st vacancy; at the same time 1 am warranted in 
saying that this circumstance would not have induced 
them witliout the greate.-^t reluctance to have ]>ost- 
poned the appointment of the (rentlemen you i*ecom- 
mended, had it not appeared that two of them are at 
present not resident in the Colony; and that the other 
is actually of a profession that might require his at- 
tendance. 

1 am i&c 

HiLLSBORonou. 



1769J ADMINISTRATION OF UOVEBNOR FRANKLIN. 141 



Letter from Governor pyanklin to' Sec ret art/ Poiruallj 
relative to ttie provision for the Sitpport of the 
King's troops, 

IFrom P. R O. America and Went IndiM. Vol. ]74(1M>.] 

Burlington Deer 10, 1769 
Secretary Powiiall 

Sir 

T duely received your Letter of tl»e +*^ of October, 
informing me of Lord Hillsborough's Absence, and 
that my Dispatch N. 17, was received and laid before 
the King. — 

I must beg the Favour of you to acquaint his Lord- 
ship, that the General Assembly of this Colony, which 
met here on tlie li'"* of October last were on the «>"' 
Instant prorouged after an amicable Session, in which 
they made the same Provision for the Support of the 
Kinp^'s Troops lls heretofore, notwithstanding Endeav- 
ors were used to induce them to follow the Example 
of S. Carolina in this respect,— It is not in my Power 
to send his Lordship tlie Minutes of their Transactions 
by this opi>t»rtunity, but they are Copying with the 
utinost Expedition, and will, with the Laws which 
have been passed, be transmitted without Loss of 
Time.— I am with great Regard & Esteem, 

Sir Your most obedient humble Servant 

W? Franklin 



14*^ 



ADMIiriSTBATION OF QOVERNUK FRANKUIf. [1760 



Letter from Henry Wilmot to Committer of Corre- 
spondence, relative to n Paper Currency and the 
bill fur Septennial Elections, 



[From aidnner Papen Amon^ tbe nuDiuorlpta of W, 
Volume a. No. 9.] 



WhitPbefed, 



Bloomsbury Square 12^" Dec' 1769. 

Gentlemen 

I have been Several times at the Board of Trade; 
and I find that Administration are willing to let you 
have a paj^er Cun*ency provide*! it be n*)t made a legal 
Tender, The Governor, I bdieve was directed not to 
pass any Bill for Pa|>er Currency, but to transmit such 
Bills over here as should l>e tendered to liini for Con- 
sideration. Your last Bill was accordingly transmitted 
by the Governor, and I find it was the Opinion of the 
Boai'd of Tiade. and they So i*eported to his Majesty 
that in the Manner the Paper Money was made Cur- 
rent by the Bill, it woiild have been a legal Tender 
and therefore they would not direct the Governor to 
pass that Bill. But an instruction is gone to the Gov- 
ernor that it is the Intention of Admiuistmtion that 
Paper Currency may be permitted, provided it be not 
made legal Tender, and that he may Either Send over 
such Bills as are tendered to him for his Majesty*s 
Pleasure, or he may take all possible Cai-e that the 
Pap*3r Money be not made a legal Tender, and pass the 
Bill with a Suspending Clause, so that I hope yon will 
now have a Bill passed that will answer your purpose, 
and receive the R4)yal assent without difficulty. 

The Bill for regulating the l*iactise of the LhIW must 
wait 'till a Counsell is appointed to the Board of Trade, 
to whom it must he referred. 

As to the Bill for Septennial Elections, I perceive 
that this Bill is likely to lye some time, the Lords do'nt 



1760] ADMINISTRATION OF ROVKKNOR FRANKLIN. 143 

think it in any Haste, as Septennial Elections they 
say hath been the Constant usage without it. 

The Bill for choosing Ri^pi^eBentativefl for the County 
of Morris, Cural>erlaud, & Sussex will not be passed; 
The Board tlnuk there is no necessity of a Bill for it. 
All the raembei-s of Elach County, they say, were 
chosen l)y Virtue of his Majesty's Instructions to the 
Gk)vcrnor, and his Majesty might direct hia Grovornor 
to LBsue Writs for the Counties if he thought it right 
to do so. And if you apply to bin Majesty by Way of 
Petition for tliis ])urpose Stateing the Necessity of it, 
and get the Governor to write his sentiments upon it 
to the Board of Ti-ade, I have Reason to believe it will 
be granted, an Insti'uction sent to the Grovernor to 
issue Writs for that County, 

The Bill you mention to appoint Commissioners to 
supply the Barracks &c was rejected, so that hath had 
its Effect. 

T am with tlie greatest Honor & Regard 

(ientleinen Your most faithful & 

Most Obed Ham''' Servt 

HeXRV WlLMOT 



Order in Council ap]>oiuting Sfejytien Skiinter, Esq., 
to be of the Conucil of iVew Jersey^ in Uie room of 
f^tifis Ashjiefd, Esq., cfeceasefl. 

rrroni F. R. O. Ami-rtca and Wntt ImUetL, Vol. KH.| 

p '• At thk Coukt at S*^ James's the 14^" 
\^^\ Day ok Dkckmbkr I76i>. 

Present 
The Kings most Excellent Majesty in Council. 

Whereas there was this day read at the lioard, a 
liepresentation from the Lords Commissioners for 



144 



ADMlNrSTRATIO!T OP OOVEKXOR PRAJfKLTX. 



Trade and Plant-ations, dated the IS**" of this instant, 
Setting forth, Tliat there is a Vacancy in His Majes- 
ty's Council for the |»rovince of New Jersey, hy the 
death of Lewis Ashficld Esquire, and that Stephen 
Skinner Esquire hath been recommended to the said 
Lords Commissioners as a pereon well quaUtied to serve 
His Majesty in that Station, and humbly pmjKising. 
that lie may bo appointed one of His Majesty's said 
Council in the Room of the said Lewis Ashfield Es- 
quire deceased— His Majesty in Council approving 
thereof, is pleased to Order, as it is hereby onlered, 
that the said St^iphen Skinn(*r' Esquire be constituted 
and api>ointed a Meml>er of His Majesty's said Coun- 
cil in tlie province of New Jersey, in the Room of the 
said Lewis Ashfield Esquire dec4?a,S4>d; Aud that the 
Ri^ht Honourable the Earl of Hillsborough, one of 
His Majesty's Principal Secretaries of State, do cause 
the Usual Warmut to be prepai-eii for His Majesty's 
Royal signature accordingly. 

Phil: Shakpe 



I 



Letter from GoiK Fran/vlin tu the Earl of HiUsbor' 
oitfjh, transmiftiufj Chtef-Jntitice Smyth's Mrmor* 
iiU ri'spfvfiuy his Sofnn/. 

[Trom P. R. O. America & Wert, ImHe», Vol. 175 UW>J 

Bt-RUNGTON\ l>ec'' 24"' 171SII 

Right Hon*'*'^ the Earl of Hillsborough 

Jfy Lord, 

At the Request of M' Smith. CMiief Justice of this 
Colony, I transmit the enclosed Meuioiial to your 



> St«>phen Sldtiner was tbe secotKl Hon uf Uin Hw. Wiillnni Klrlnn^r, of Pvrth Am 
boy. Olid £)bui1>iMh Vnu Cortliiudt. of Now York. Br wu<4 a youiijcer lirDther of 
Oortlaiidl HkiiiiK'i-. KniM'vt'piiI ypant priur tn iTiiT hr kept o "(wiicnil «lore " U 
P»rUi Atnboy. niul entfaKtMl in ihr West latlln Tradi'. Hf wah TreMiurpr of Eaal 
Jer»y for novyrnl yv^^^H. (Sop autf. p. .'Ci In April, irTS, ho wan t'lecirtl tn (h(« 
KrovlncijU 0>tij(rMii. but on Ibo breakliiK «>ul uf thi< War h« rmnored wlib hb f*m - 
lly to N«w York, aud tlieuce to Kn^loud. UJ« NewJeraey property woa uanOa- 
ciwd.— H'AifMvod'i Perth Ambog, 101, 111. 



J 



1769] ADMINISTRATION OF GOVERKOR FRANKLIN. 145 

Lordship. The Repi-esentation he has made of the 
Incomi)etency of his Salary, and of the little Prob- 
ability there is that tlie Assembly will make any Ad- 
dition to it till he holds his Commission during good 
Behaviour,' is most certaiilly just, and is a Matter that 
I have repeatedly mentionetl in my Dispatches to His 
Majesty's Ministers, so that I need not trouble your 
Lordship with any thing further, at this Time, in fa- 
voui' of M^ Smith's Application. 

I was in hopes, at the last Session, to have prevailed 
on them to appropriate a Part of the Tnteivst Money, 
to arise from the Loan of the ltH),o(K)£ proposed to be 
struck in Paper Bills of Credit, towards making a 
more adequate Provision for the Support of the Offi- 
cers of Goveraraent; and I ut^^ to them that it 
would be a means of recommending their Law (which 
has a Suspending Clause) to His Majesty, and of ob- 
taining the Koyal Allowance thereto. But they declin'd 
coni]ilying with my Bequest, and tlie L^iw directs that 
the Money arising from it shall l>e disjxjwcd of by fu- 
ture Acts of General Assembly, However, if the 
King's Confirmation of the Act is refusVl, unless they 
will appropriate a Part of the Interest for this Pur- 
pose; and His Majesty will at the same Time bo 
jileasM to specify the Allowance that should be made 
to each Officer of Government (an Account of whose 
Salaries I formerly transmitted) it is not improbable 
but the Assembly may Im? bi-oiight to a Compliance, 
especially as there is no Method can be devised for 
Raising Money for the Support of Government, which 
will be more agieeable to the People 

I wrote to M"" Pownall a few days ago desiring him 
to acquaint your Lordship that Copies (^f the Minutes 
& proceedings of the last General Assembly were 



«ee N. J. A»!hiv««.. DC.. 888-\ not*. 

10 



140 AOMINISmATION OF OOVERNOB FKANKLIN. [1700 

making out, and should be tiansmitt^id to your Lord- 
ship as Boon as they could be completed. 

Nothing reniarkablo occurred during the Session, 
which bt»gan and ended amicably. Eiideavours were 
indeed used to induce the Assembly to refuse (in Imi- 
tation of the Assembly of S. Carolina making any 
farther Provision for the King's Troops, and to adopt 
all the late liesolves of the Virginia Assembly but 
they were at lenglli prevailed on to grant the same 
Supply for the Troops as heretofore, aud they only 
concur'd in one of the Vii-giuia Resolves, i. e. that re- 
specting Tryals for Treason, &r committed in the 
Colonies. — 

I shall do myw^f the Honour to write to your Lord- 
sliip moi-e particularly resj>ccting the Laws jniss'd at 
the kist Sessi(.in when I transmit them for His Majes- 
ty's Approbation . 

I am, with the greatest Respect, 
My Lonl, Your Loi(iship\s 
most obedient, & most humble Servant 

W? Frankun. 



Memorial of Chief-Jufitice Smyth in Oov. Frankliii's 
Letter of December 24, 17t'.». 

(Fnim P. RC, America and West Indies, Vol. ITS (118).) 

To The Right Hon'"*" The Earl of Hilkborough 
one (»f His Majesty's Principal Secretaries 
of State &c &c &c. 

The Memorial of Frederick Smyth, 

Showeih, 

That yoiu' Memorialist through the Pationage of 
yom- Lordship, Lord North, Loitl Hallifax and M- 
Ciiarles 'I'ownshend about Five ye;ir8 since was ap- 
pointed Chief-Justice of the Province of New Jersey, 



1770J ADMINISTBATIOK OF OOVERNOR FRAKKUX 



14' 



and from that time hath constantly been engaged in 
the duties of his Station; But so far from any ade- 
(|ii;ite reward for Iiis Services from this Country, he 
has heen under the necessity t-o exj^end his own pri- 
vate fortime to support an appM^ai-ance in some degree 
suitable to his Station. 

That His Excellency the Governor of this Province 
hath rHi>eatedly apphed to the Assembly of tlie Colony 
in order to obtain a competent Salai'y for your Me- 
morialist, but without any success hitherto; nor is it 
probable that the Assembly will make any encreaae of 
his allowance till a Commission can be obtained for 
him moi-e independent of the Crown. 

Your Memorialist therefore hopes that from this 
repi-esentation. together with what may be subjoined 
by Governor t^-anklin, your Lordshij) will be pleased 
to exert your influence in his behalf to obtain for him 
such reasonable support from the Crown for his Ser- 
vices as may enable him to continue in this Colony to 
discharge the duties of his Station. 

And your Memoiialist shall ever pray &c &c 

Fbe: Smyth. 



LtUer from the Earl of Hilhborongh to Ooi^emor 
Franklin^ correcHiuj av error it} a fonut^r fetter 
in rvtjanl to tlw Chridian vtime of Mr. Skinner. 

[FVom p. R. O. Ameiicft and West Indies, Vol. 17fi (198).1 

Whitehall, January 18"" 1770 
Glovern<jr Franklin 



Inclosed J send you the King's gracious Speecli to 
His Pai'liament at the opening of the Session on the 



148 AhMINISTKATtON OP OOVKKNOK FRANKUK. [1770 

O-*" Instant together with the Addresses of both Houses 
and His Majesty's gracious Answers thereto.' 

Allow me Sir, to correct a Mistake I made in ray 
Letter of the l*^" ultimo in the Chiistian Name of M- 
Skinner recommended to sujiply the Vacancy in the 
Council of New-Jersey, it beiug M' Stephen Skinner 
and not M' Courtlandt Skinner on whom that Office 
has been confeiTed. 

Tlie King having thought fit to take the Gi-eat Seal 
out of the Hands of TjOitl Camden, it was yesterday 
delivered to M^ Charles Yorke, and it is His Majesty*s 
intention that he should be immediately called up to 
the House of Ijords. 

I am &*i 

Htli^borouoh 



Letter from Governor Fravklhi to Cortlandt Skhinerj 
relative, to the riotous pructediugs rn Monmouth 
County. 

[From tbe aidiuwr Papeni among MaauMripta of W. A. Whitehoad.yol. S, No. !tj 

New York Jan> 28, 1770 
Dear Sir 

Yours of the 20**'containing an Ace' of the late riot- 
ous Proceedings at Monmouth' came to hand j'esterday 



' BaJcI th*^* Klog : " It is m-cvllesf) for me to recomniend lo the Berioaa attontlon 
of mjr parlinment Ute slat*? of my irovimmt-nt iu Ameriui. 1 ban* endrnvottrrd. on 
my part, by evpry nieaus, to bring back my subject»> there to ttirirdntr. and loa 
due MTiw> of lawful auHinnty. It glvfn mi* much cfnicvni to bifomi jrou. that th« 
sticctfM of my •-Ddeavoura ha« not aiwwcriKl my i'xi>ectatloiu>; and that, iu name of 
uiy oolotil(>8, timny jienoRi have embarked ju oionaurt-s lilirlily iinw(UTantabl«, and 
cuk-uIatf'J to •Ifstmy ihcc<>miD(*rclal L-onnfctlon betwcvu them and the motiier 
ucuntry." Tu which the UmU and Cuiumonn n^>Ucd In terma of Hultablp dutlfuJ- 
Deas, thtf latter OHxurltiK hi)* Majesty: "Xu enclfaraitlit Hball h*> vnintiiifr on our 
pan. lo matcfi pfTectual prorfelonK a^uiimt tht^ unwarrantable tneasur«a carried on 
Iu aume of Your .HojfNty'.H tidtrnU-K, which btv eo InvcoQcUabh* lo orery principle 
of commercial Hubm-rrifnoy to thr Interest of the mother couutT>- Uiat uught to 
prcTuil In citlMnlf^. aiitl nhk'b, by atienipthig in 8ulije<.-t tlie hU^liest lt<ital author. 
Ity to the eotitroul of ItuUvlduaU, lend to Hiihvi-it the fimiKlaUoo of all ^vem- 
ment."-/)od#/ry*# Annuat KeuUterfor iTTt. ^♦4-7.-l^V. N) 

* The rtotona proceedtnga bcre spoken of orlKlnated In thi* bUt«r fMInc ttMt bad 
for avrerat years existed acalnat the membont of the lti<i^ pruftuirioa, vfao were 
charged with growing rich, whUe belligerent crediton and baraased debton were 



J 



1770] AnUIKISTaATION OF aoVEKNOR FKANKUN. 149 

Evening. They are of so alarming a Nature that I 
have thought it necessary to wnte to the Dep^ Sec'^ to 
Summon a Meeting; of the Council at Araboy on Wedf 
the ""' of next Month by which Time I suppose they 
may Ite got together. I have likewise dii-ected him to 
i-equire the attendance of the Hheritf & the Justices of 
the County who were present at the riot, and if you 
think that the attendance of any others might be of 
Service I desire you would acquaint Mr. Bowes R^ad 
with their Names, tliat he may send to them at the 
same Time. I doubt not hut the Council will be of 
Opinion with me that this is so audacious an Insult 
on Government that let the Coasequences he what 
they may, the Offender should be punished in the 
most Exemplary Manner that the Law will <ulinit of. 



tpccomliiir iMMir. It was clalmnd ttint law sulta were mnlUpUed at the biHti^mtton of 
lAw/«r«, whwe feeii not only ttwallnireil up Itie motieyii L-ollected by tliem. but 
tiruuglit tlidr cllf nT«, and fntquf'ijtty tli*» •^hHriff. tai debt to Ihem. Thpy were rfe- 
iioudc«h1 In no meuuKd temiH. Tlie Htanip Act, wliluli the lawyers bad so suocefls- 
fully rott^lti o^niinat. was deid^aled as the first '* Woondioir and devouring sor* 
peuu' but lawyers were publk'ly dtM:Ian:-d tu Ul* '-gcrpviitfl aoven tlmm more de- 
vourlnK than (he firvt, who in tlieir dally Practice asv as I*nrat« Ix-achea, Bucklut; 
(Hit (Hir »t*ry f!wvrt« Blood."— ".9fr Pamphirt entitlrd'- Librrtj/ nnti Proprrtj/ tfith- 
out (fppremion.. l7Q0."i The cxeltemeni was toteiue. Petitioos praytut? for relief 
•tniitut them were poured Into the House of Aasembly. where itevenU of tbi^iu 
H>nc8aninioni>d to aptH'ar. ami wm' aubj'H^totl toUmft and tf-tllniu tiXAmlnatinns. 
lu only one in^tAnce was a conviction fotuid. and that was tn the case ot Mr. Bei-* 
■anliM Le^rnnicf. and evtfii in this ca«e it was subsequeotly ascertained that the 
CdttVieClOD was unjust, and an entry to that effect was ordered to be mftde on the 
Mliititea of the House. 

FhMlinft It fmpOitsihiR to olktain satlsractlnn hi^fore tbe House uf ^Vwomhly, the 
eMmles of the lawyers resorted, at leo^, to rlolonoe. imd in July. 1700, they col- 
letted lo crowds befon* the Court House tn Frttcbold, Uotunoulh Oounty, and tried 
h) pr«reul the law^'i^n; from foterlnK. but through the efforta of Richard Stockton 
tbey wvre defeated lu tlUs. sixt the ring leaders were arretted and imprisoned. In 
Jaouary of the f'jllowin^ year anothi-r mvatult was tnsfle upun the membem of the 
harof Muumouth County. On this oi'caslou the rioteni '-ni^retl Mie Court House 
arnie<l with elutm and mi*«Uea,aQd drovH Uw Mt-tm^yn from tbe plare. UireateuInK 
ihem with perfMUUl violence. Hie business of iht- cuurt wad shipped completely, 
and It itecnmn neoeesary for Onvemor FrnokUn tit call a special seeslon of the Ai- 
seiBbly, hi order that on " Act be poased for re%-ivlng the prooasa and [H'ocaedlngr.'* 

In Ifiasax County similar ilisturbancea took place, and on ooe oocasina the stable 
■nd ont-taonses of David Oj^Ien, a pmmlneni lawyer, were burned. In this coae, 
the rlolers were arrested and puuished. This outro^^ formed the subject of a 
III! m\n.v troia tbe Govenior to tbe House of Assembly, which vrlll be found In this 
TolinM. under date of March, 1770. as well as his proclamation on the same subject 
wtordal* of lUn^ 31. ITTO. 



150 



AOMfNISTRATTOK OP OOVERKOR FBANKLIN. 



I hope to get ray Business done so as to leave tliisi 
Place by Siiiiilay or Monday next at farthest. In the 
mean Time 1 am with my best Respects to Mrs. 

Skinner. 

Dr Sr. Your most Ol>ed' Serv* 

W. Fraj^klin 



Letter from Qov. Franklin to the Earl of Hillshor- 
omjh, enclosing fxxper with obsertHxtions on two 
acts of the New Jersey Assembly, 

[Prom p. R. O., AiDurJca and West InUfec, Vol 176 {1»>.1 

BuuuNOTON, Feb^ 12* 1' 

The Right Hon*'!*^ the Earl of HilLsbomugh. 

My Lord^ 

I take the first Opportunity to transmit to your 
Lordship Copies of the Acts passed at the last Sessions 
of tlie General Assembly held at tliis Place, and Copies 
of the Minutes of Council. 

T!ie greatest Part of these Acts being of the sami 
Nature with those usually pass*d at every Session t< 
answer tlie local Pui-poses of the Inhabitants it is 
needless for me to trouble your L<.)nlsliip with any 
Observations on them. There are two, however, of 
the Number which it is necessary I should more par- 
ticularly point out to your Ivordship's Notice, as iHie 
of them is pass'd with a Clause suspending it« Execu- 
tion till His Majesty's Pleasure shall be signified thei 
on, and the other is not to take place til! the -*<v 
September next ui order to give Time to any Persoi 
who may have objections to it, to apply for its Rej 
if they think proj^er. 

The first is ''An Act for striking One hundred 
Thousand Pounds in Bills of Credit," and for Emitting 



1770] ADMiyrSTRATIOy OP noVERNOR PRASKUN. IT)! 

the same on Loan. I have before acquainted your 
Lordship with my Opinion that such an Emission of 
Paper Mont*y would be advantageous both to the 
Mother Country and this Colony, and the Necessity 
there is for it is, I think, very justly set forth in the 
Preamble to this Act.— The Objection made to the 
former Bill which passed the Council and Assembly 
for this Purpose, namely, the Money being made a 
legal Tender in all Payments, is obviated by this Act, 
which only obliges tlie Loan Offices to take it when 
tendered in Discharge of the Mortgages which wei-e 
given for it. — 

The Security which is required by the Act to be 
given for the R^i'demption of this Money is undoubt- 
edly sufticieut, being not only the Estates of the Bor- 
rowei-s mortgaged in Double tlie Value of the 8um 
bont>wi»d, but tin* Estates of the wbolt^ C'ounty where 
the Borrower resides are liable to make good any De- 
ficiency which may happen. The only Objection I 
liave to the Act is the Appropriation of the Interest 
Money, which is left to the Disposition of futvire Acts 
of the Legislatm*e. I think it would have been better 
to have appropriated the whole, or the greatest Pail 
of it, to certain |>uhliek Purpo»<*s to be mentioned in 
the Ai^ itself, such as, Providing Necessaries for the 
King's Tro*^ps, Making a more adequate Provision for 
the Support of the [niblick Otticei's of Oovernment, 
Erecting suitable Houses for the Meetings of the Leg- 
islature and tlie Residence of the Governor at the two 
Seats of Government, Repairing and Straiglitening 
the Highways, Building Bridges, &c. Some Endeav- 
ors wore used to persuade the Asseml)ly to consent to 
siu'h an Appropriation, but in vain. They chose 
rather to havo the Interest Money lodg'd as a Fimd in 
the Treasury ready to be appi*opriated to such Service* 
as might fmm Time t<» Time Im* judg'd necessary: 
And, perhaps, it would l>e better even to admit of this 



l.Vi 



AtiMI.VISTRATION" OP OOV*KRKOR PRANKLIK. 



[I no 



Appi-opriation, if the other cannot be easily obtaiu'd 
(which I fear it will not) than to lose the Act, espec- 
ially as n<i ill Uw can Ik* made of the Money, th« Con- 
currencL' of the whole Legislature being requisite? to 
every Application of it. There was a Design among 
some of the Meml>Gi-s of the Assembly to tack the^H 
Supply of the Troops to this Act (as has been since ^^ 
done in Pait by the Assembly of New York) thinking 
that the Ci*o\\ti would thereby be the more reJidily 
induced to couHnn it; hut upon t<ilking with some of 
them privately, and m*ging that such a Measure would « 
moat probably be construed into an Att^^mpt ti> foreo^H 
a Consent from the Crown, and consequently give^^ 
such Offence as to occasion a Refusal of what might 
otherwise have been readily gi*anted, they wei'e per- 
suaded U) di*op their Design, and to pass the Billeting 
Act in its usual Form, without any other Restrictions? 
And I really believe that if the Paper Money Act is 
confirmed by His Majesty, that they will not make 
any Scruple hereafter to grant the like Suppoit for 
the King's Troops that may be quartered in this 
Province. 

The Act which jmss'd with a Clause suspending its 
Execution till September next is a Supplementary Act 
to the Act for dividing the Bergen Common.' The 
Occasion of this Act is set forth in the Preamble, 
and indee<l the Circumst-auces t>f the Case make such 
an Act absolutely nonossary; for the Claims of the 
seveml l*ax'ties who conceive that they have a Right to 
a Share of the Comiuons allotted to the Secaucua 
Patent, are of so various, complicated & intricate a 



■ "A rappteinvntwy Act to an Act, entltl«d. An Act sppotnttmr CommlMlcaMirB for 
nn*Ur e«-ltUtiK anil llt^t^nulalng the iinvenil RUrhUt, Titles oud ClalniH to the Com- 
mon Lan<lfi of tbf TdwrnUiipof D**rKcn; and for iimklng Pnrtltloti ihureof In Jtwt 
auti iHiultftblo PntjMrtlon)!). otnoutf iliiwtc who Hhnll bi^adjihlK^tl Ity l\w wUd Oon- 
inlHluneni to Ik* cnlltltfJ lo tlie tiame." Tlu-* mrt wa« dbtaUoWtf*! .luhrO, \77d.—Al* 
iituoH'0 Latpt. W7. Sw Wtnflcld'a Land Tltlos or Budwn Oounty, I9IV-J, UD, SOii 
n. J. Arrkipes, IX.. 4BM-0-7S-m-(W. N.] 



1770] ADMIXIBTRATION 0» GOVfiKNOU FRANKLIX. 



153 



Nature, that it is impossible they should be ever set- 
tled in the ordinary Course of Law. I don't know 
that any Person will oppose the Confii'uiation of this 
Act, unless it be M- W*? Bayard of New York, now in 
London, who lias set up a Claim to the whole of that 
Part <»f the Commons allotted to Secaucus; but as he 
had before solicited the Act to which this is a Supple- 
ment, wherein the Decision of that Matter was left 
to Comraiasionei's, who would have finally determined 
the Property but that they happened to be equally di- 
vided in opinion res()ecting it, I should expert that he 
would not now offer to make any Objections to its 
l>eing left U) the Decision of other Commissioners, es- 
pecially as they are all Men of Character, Uving at a 
Distance from the Parties, and no Ways interested or 
connected with them in the Dispute. Many of the 
Parties are poor A: cannot afford to go to Law with a 
Man of M' Bayard's Property, and if they cannot have 
tbeir Claims decided l>y ( ■oinraissionoi's they must give 
them up; the Consequences of which will be very 
hurtful to the Peace of that Part of the Country. — I 
would not willingly trouble your Lordship with any- 
thing further on this Head, but must beg Leave to 
refer you to the Privy Council Miiuites of the Iti*" of 
November for the Reasons which induced the Council 
to advise me to give my Assent to this Act, which I 
hope will prove satisfactory to your Lordship. 

Besides the written Laws under the CIreat Seal I 
send your Lordship a pnnted Cojiy of all the Acts 
passed at the last Session. The Minutes of the As- 
sembly are in the Press, but not yet published ; as soon 
as they are I shall transmit a Copy to your Lordship. 

I have the Honour to be, with the gi*eate.st Respect, 
My Lord, Your Loi-dship's 

most obedient and most humble Servant 

W? Franklin 



154 ADMINraTRATIOBT OP GOVERNOR PKANKLIK. [1770 



Letter from Mr. Richard Stockton to the Earl of Hills-' 
borough^ fjivinfjhis opinion that the Oovemor,fo\ 
the time beimj, of New Jersei/, is duly anthorizei 
to hold a Court of Equity and preside therein. 

LFNm p. a O. America and Wmi iDdles. VoL ITS (IM).] 

I^INCETON Feb'.' 20"* 1770 
Lord Hillsborough 

My Lord, 

From the Journals of tho Governor & Council of 
this Colony, of November last (bt-forc now I suppose 
tranflinitted to England) yonr Lonlship must have ob- 
served the doubt raised by the (Governor, respecting 
his Authority to hold a Court of Equity here: and that 
the consideration of the matter has been refeired to 
Committee of the Council. This transaction havin 
occasioned much Speculation in this and the neighbor- 
ing Colonies; and tlie Memf>ers of tlie Committee not 
being unanimous in opmion upon so important a ]>oint, 
my duty to the Kin^, and i*egard to my own reputa- 
tion have induced me, thus early, to beg leave to lay 
before your Lordship the enclosed copy of my Report, 
delivered in to tlie Governor last month: whereby ray 
Opinion, and the i-easoud thereof will fully Ap[)ear. 

And I the rather presume upon youi* Lordships par- 
don for this st^p, (not perhaps the most usual) because* 
I have lately been informed that some persons on this 
side of the water, have taken upon themselvea to pro- 
cure representations to be made to the Lords ConiDiis- 
sioners for Tra<U» & plantations resi>ecting tho present 
state of our Com-t of Cliancery: and also, Ikm^uiso it 
must be some time hence before the Journals of the 



'i 



1770] ADMINISTRATION OP OOVEKNOR FRANKLIN'. 155 

Council, upon fche Committee's Report, can be trans- 
mitted (as all the Members have not yet given their 
Opinion;) And when they shall be transmitted, the 
reasons of opinion will not ap|jear unless entered at 
large uix)n the Minutes: which perhai>s will not be 
requested, unless some new reason should occur. 

witli the gieatest res|)ect, I have the honour to be, 
my Lord, 

Your Lordship's most obe<lient, and 

most huinljlt.* Servant 

Kic'u'* Stockton 



■*■ Stockton;s Report In his Letter of the 2fi. 
Feb^ 1770. 

His Excellencif the Governor of New Jersey, having 
asked the advice of liis Majesty's Council of the sjiine 
Province I'especting tlie power of the Governor to hold 
a ('ouit of Equity, and io sit as the Judge thereof; and 
the consideration of the in.itter having heeu referi-ed 
to a Committee of five Members; as one of the said 
Committee, I do hereby report my opinion, that the 
Governor and Commander in chief of this Province, 
for the time being is duly authonzed to hold a Court 
of Equity, and to sit as the Ju<ige thei-eof — And as the 
Subject is of very great importance in itself, and par- 
ticularly interesting to the Pi-ovince in general, I liave 
thought it exjiedient to subjoin the nnisons of my 
opinion. 

In fonning it, I have considered the subject under 
these two Questions, to wit. 

IV Whether a Court of Equity does exist in this 

t Province ? and, if it does, 
2*VJ^ Whether the Governor is the Judge of it 1— The 
rea^i^ons which have induced me to believe that a Court 
of Equity does exist in this Province, among othere, 
are 
1** Because the four Courts of AVestminster Hall, to 



isr. 



ADMrNI8TKATIUX OP OOVRRNOR PRANKLIV. 



wit, the Chancery, King's Bench, Common Pleas an 
Exchequer owe their existence to the Common Law 
England; and not tn any Statute of Parliament, or 
Onliiiauce or Proclamation of the Crown. Every 
Colony thei*efoi*e, migrating from the Mother Count 
8aik.«t to a new discovered Country, hring with them, 
as part of the Common Law, the Juiisdiction of these 
aeveml Courts; or in other words a right of having 
themselves and their profwi-ty adjudged according to 
the ordinary course of proceeding in the,se t'ouits; 
And all that is wanting, in such newly discovered 
Country, is for tlie Kiug to commissionate pi-ojier 
Judges; tlie Courts being ready erected to his hands. 

It has therefoii? been very pioj^erly doubted whether 
any of these Courts needed at first, or (uight to have 
l)een rai^^ed, in the King's Colonies, by Ordinance from 
sHsw.s swt.s. the Crown; as it is certain, the King can-^j 
4 but 78. not by Ills jirerogative make tho least alteN^H 

ation even in the manner of proceeding in these Courts^^ 
in England. 

2"!' Because many Writs which have contimially I 
issued in this Province, and to which the Subjeirt has 
an indubitable right by the (Constitution, cannot issue 
from any other Court than a Court of Chancery— This 
Court, as to it^s ortlinary jmnsdiction, my Lord Coke 
and other Writei-s call the "' Officina Jtisd'tice, out of 
■ihut eo. '* which all original Writs, and all Coinmis- 
** sions which j>ass under the Great Seal go fbrth, which 
'' Great Seal is Chwijs Rvijui^ and for those ends this 
'* is ever CVun-topen.'* And by some it is called '* Offi- 
cimi Brevinm orighuiUnin et reiiit'ditiltnm.*^ j 

cnra caiHNii. 8 Original Writs, such as those of Dower, 
Replevin, Partition, &': are called tlie Kings Writs be- 
cause they issue out of the Court of Chancery, and ai-e 
tested in his name; in contradistinction to Judicial 
Writs, which are testeil in the name of tlie Chief Jus- 
tice of the Court from whence they issue: And the 



1770] ADMINISTRATION OP OOVRRNOn FRANKLIN, 



157 



King's Writs are to be granted to the Subject ex 
dehito Jttstiiicv, aiid canuot be denied: wherefore as 
the Kings Subjects of this Colony have an undoubted 
right to his Writs, and have continually obtained 
them from the first Settlement of the Province; and 
for as much as these Writs cannot issue, but from 
the Oi-dinary Court of Chancer}'; the consequence is 
inevitable that an Oi-dinai-y Court of Chancery must 
exist in this Province — And if an Ordinary Court 
of Chancei*y exists as an Offichm Bievivm^ there can 
be no reason why the Extraordinary Coui-t of Chan- 
cery or a Court of E(jiuty shoidd not exist; as the 
Judge of one is always the Judge of the other, and 
these two Coui'ts of Ordinary and Extraordinary 
Jurisdiction cannot be now disunited, but by Act of 
Parliament. 

?if^^ Because we have adopted in this Colony the Law 
and practice of the other Courts of Wcstmin8t4?r Hall; 
and therefore we must of necessity have the same 
relief in E<juity, from the Severity of Some legal 
deteiininations. 

To Say the contrary would be to say that there was 
iSftikei. Right without any Remedy: which is against 
a principle of Law, as well as the common Sense of man- 
kind. This very necessity gave Jurisdiction at first to 
the Equity Side of the Chancery in England, as is more 
evident frotn the Liiws and Customs of tlie R^^alm, in 
the ancient times of the British, Saxon and Danish 
cto». (1*0.1.9 Kings, when the King himself in person^ 
5. (t. ' held a Court similar to the Equity Side of 

the Chancery, to moderate the Summmn jitft, a« it was 
called, and to give relief according to good Conscience: 
wlieivfor if the Equity Side of the Chancery could be 
supposed not to exist in this Colony; we must he driven 
by the constitution, to conclude, as the most mtional 
alternative, that the ancient right to moderate the 
Summum jus is still vested in the King's Person, and 



158 



ADMINIHTUATION OF OOVBKNOK PKANXUX. 



would attach to his Governor as his Representative 
hi)i-e. jl 

This reasoning is so far from heing invalidated, thar 
it is estahlLshtnl hy the practice of some Charter and 
Proprietary Goveraments, where a Court of Equity 
doen not ex profe^so exercise JuriHdiction — There the 
Court.s of Law have not adopted the rigor of the legal 
determinations in Westminster Hall; but they take 
upon them to moderate the Sttfinnttm jn^i themselvesj 
and their Judges do often detei mine directly againi 
the niles of Law, when they hapi>en to thwart a prii 
ciple of Equitv. It is giving us a very Strong evidence" 
indeed, of their idea of the necessity of a Court of 
Equity; when they let its principles supersede their 
legal determinations in the first instance, without call- 
ing for the ordinary piocess of the Court. ^ 

The prmcipk therefore, upon which these otheB^ 
Governments have gone, is evidently in favor of *So?He 
kind of existence of a Court of Equity; and they only 
ened in their />;'«c^'c« ,■ by electing as many Courts of 
E^quity, as they have of Law; and hy their Several 
Judges of the Courts of Law taking upon themselves 
to be Judges of a Court of Equity. If we were, with 
them, to deny the distinct existence of a Court oQI 
Equity, we must then undoubtedly make a total alt^T- 
ation in the pn'sent mode of determining in our Courts 
of Law; or else we Bliould run into a greater absurdity 
than even they have, and exclude Equity altogether, 

Wiiat also induces me to believe that a Court 
Equity does exist in this Colony, is 

i'? Because ^>uch Court has actually exei-cised Juris- 
diction here fiom time immemorial; and thereforoj 
might exist solely from Prescription. ^| 

It is evident fiom an Act of Assembly of East New 
(jriginai (•on- Jersey passed in the year 1 oys that a Court of 

•tUirt. of New ,, ^,.i.-'» 

jvtejm. C-hauceiy then exercised J unsdictionm that 
part of the Province; for the Act recognizes it as then 



17701 



ADMINISTRATION OP GOVERNOR FRANKLIK. 



159 



1 hisl. 111. b. 
Bract, lib 4. 
toLiOO. 



in l)cing;' and how long before it had exeruBed Juris- 
diction we kuow not. For ought api)earing to the con- 
trary, Such Court may have exercised Juiisdiclion 
iix>m the beginning of Government, in both East 
and West Jersey. It is alBo evident that, upon the 
Sun-endry of the Government of New Jersey l)y the 
MiDutw or Propiietors into the hands of the Crown, the 

Council Anno 

17W. first Qoveinor, soon after his arrival in 

the Province together with the Council, conceiving 
that a Court of Chancery ought to exist by Oidiuanco 
from the Crown; did pass such Ordinance; ajid that a 
Court of Chancery has invariably exercised Jurisdic- 
tion throughout the Province to the present time, 
ut.socc. 170 Tin's is sufficient to eveiy legal intent of a 
Prescription j for Prescuiption at the Com- 
mon Law is tiwe whereof there is no metn, 
ory of man to the contrary; and Bracton sais, *' Usus 
— qui excedit menioriam hominum; tale enini tempus 
Sufficit pro Jure. " There is no man living, it is pre- 
sumed, who can point out a time. Since the Govera- 
ment of this Colony began, and Shew that then no 
Court of Chancery did exist here. *' It might there- 
fore be inconvenient/' as my Loi*d C J Hale and J. 
Trusden said, in considering an objection made to the 
authority of the Court of Equity of the Dutchy Cham- 
ber of Lancaster^ **to examine their power, after so 
" long continuance and practice, as by the precedents 
'*now produce<l it appeai-s to be used without fm-ther 
"examination,'* 2 Lev. 24. Foster against Patten. 

It does not affect the Prescription of a Court of 
Equity in this Province, that it has been held in (/// 
fereut ways, and by different Judges: if it could, the 
four Courts of Westminster Hall cannot exist by Pre- 
scription; l)ecause they have all been continually var>'- 



* '*Thc OtiMfral AMunt'lj of tbta Province, «>tall ooi)ititut«aUcotuls-niibUithe 
r. K JUl tL< ir Limits., rt-wi t-v. maJ JuriitlkUons, uxcopt Lhi- im-M lit IiikIi C'uurt 
iCIuuicer}', AUtl &U oUier Couj-U now in being. '^—Orunts and CtmctMwns^ JSJO. 



160 



ADMINISTRATION OP (lOVRRNOU PRANKLIX. 



[n:o 



ing in these and other instances. Before the Reign of 
William the Conqueror, the King, as has l>een said, 
niodf rated the SHitnnnin jtts upon appeals made to 
him; and therefoiv in that peiiod, he acte<l as the only 

(tub HiHt. Judge in Kquity. During the time of the 
trwio. Conqueror, and from thonce till the Keign 

of King John, the Courts now called the Chancery, 
King's Bench, Common Pleas and Exchequer were 
tnt'.red; and all had the Saim^ Jndge.^ stiled JuM- 
ciarii: When they Sat in tho Hall, they were a Court 
Criminal, and when up Stairs, a Court of Revemie; 
the Civil Pleas they heaixl in either Court— The 
(.*unic»n iH Chief of ihefiG JnMtcinrii v;s\s Superior to 
the Chancellor, during this period and long after; al- 
tho' he Is now inferior. The Chancery did not take 
J Inst. 88. up the Equity Side till ahout the Reign of | 
Hhu. (!.' till then it was only the Ojficiun Bnwinm; 

Cure. Cm. a. and since it took up the Equity Side^ this 
*•* Comt has gi'eatly incivasetl in its JuiisdiM^ 

tion, and varied in its Pi*actice. ^^ 

I Boris. Sequestrations were never practised till my 
Lord Bacon'stinie in th*' Reign of (^ueen Klizal)eth; and 
l^efoix* the Reign of Queen Anne the Subpwua pre- 
ceded the Bill of Complaint. Neveitheleas, all these | 
alterations in the Natiut* of theCouit, the NumlK*r 
and Quality of the Judges, and the Mode of Practice, 
has not affected the Prescription and Existence of this 
Court in England, as it is now held: And ior the 
same reason, the alterations, which in diffeivnt |H'r. 
iods, have heen made in the manner of holding a | 
C'onrt of Chanctery in this Province, ciinnot destroi' or 
affect the Prescription, which, in its behalf, may now 



I Ouioa Stubbi nyii the t'luuicfUor cxfrtisrf] Mtuity mlDiAterUlly ma c«rly u 
1S80, Mid In ftl Bdw- (U. (lAiK) "t>tich trfWMiLiinnH vreiv recorniw^ ns Ihr projKV 
prtivlncc itf \\\f CliAinTlInr, and frf»ni tliai ilmi- liU *-|«niic bikI liuIi'i»»-iMlr'iit i-t|Ul- 
i«tilv jurifldlctiiM IK-Kati to io^w iniu th« poneasion of ihat (towtrful uwl oumpU- 
cat«<l nrnchlncry whlcb belongs to lalflrtalMoiT."— CoH«f. H<ti. Englanii, Oxford. 



IftW, 11, Oi -|1V. N.] 



M 



1770] ADHIXI3TRATI0N OP OOVEKNOR FKANKLIN. 161 



legally be claimed. These reasons have been suffi- 
cient to satisfy me upon the first Question, Tliat a 
Court of Equity does exist in this Pmvince— And as 
to the — 2^ Whether the Governor and Commander in 
Chief is the Judge ? the following reasons incline me 
to be of opinion that ho is. 

1^ Because the King by the English Constitution 
was invested with a power to hear appeals from legal 
adjudications, and to moderate them according to 
Equity and (rood Conscience; before there was another 
Court (tpfjohited for that purpose ;~^nd therefore the 
[Governor of a Province, being the Chief Ma^strate 
thoix^in. and the immediate Repi-esentative of his Sov- 
ei*eit?n; must l)e invested with the same equitable Jur- 
isdiction. The authorities in support of this ancient 
Jurisdiction of the King, have been noted under the 
first Question, and therefore need not be repeated — 
Wherefore upon supposition that the Equity Side of a 
Court of Chancery did not exist in this Colony; yet it 
would Seem that the Governor must notwithstanding 
be impowered by the Constitution to mtxlerate the 
fSummum jtLs, upon appeals made U^ him for that pur- 
pose; and so would lie Judge of a Court of Equity, 
altho' not Judge of a Court of Chancery. 

But a principal reason for the ix>wer of the Gover- 
nor to sit as Judge of the Equity Side of the Court of 
Chancery in this Colony, is 

a*H' Because he is the Keej^er of the Gi-eat Seal of 
the Province — it is not of any importance whether we 
call it the Great Seal or Public Seal; as these two de 
nominations are synonimously used by the King in 
his Commission to the Govenior, Nor need it be con- 
tended whether the Governor should be styled Chan- 
cellor or Keeper; as each of those gi'eat Officers ai-e 
.iiMt. w. now by the h^ of Eliz invested with the same 
>owei'B and authorities: yet I confess tliat the style of 
Ke^eper of the Great Seal ^QexnRmovB proper for a Plan- 
11 



IG^ 



ADMINiaTKATIOIi OP »OVBBN0U FBAN'KLIN. fl770 



tation Govenior; bccauRO there is an additional formal- 
ity in coustituting a Chancellor, not necessaiy in that of 
a Keeper, and which formality hjis not, I l)elievo, Vmx>ii 
generally pi-actised in the case of a Governoi*; but uii 
douht^dly may be. The Keej^er of the Great Seal of 
iHaiT. IB. Great Britain is constitute bavdy by the 
delivery of the Seal; but the Chancellor after receiv- 

cwnd. Hirt. j^g the Seal from the King, has an Entiy 
Can. ti, made ujion the Close Roll in the Court of 

Chancery, on what day and in whose presence the 
Great Seal was delivere<l: Aud fonnerly when the 
Office of Chancellor and Keeper was distinct, thei^e 
waa yet a greater difference in their Creation. The 
onrecan. 10. KeejM^r WHS ever Solely at the nomina- 
tion of the King; but the Chancellor was often 
elected by the Parliament — Tbe Chancellor was sw(»m 
at his entrance into Otfice; the Keeper never was: 

cainij. if)i. 4 And in the time of Hen 2*' the form of appoint- 
tost. 87. ment was, to hang the Seal about the Neck of 

the Chancellor Elect. But the denomination is of little 
moment: The grand enquiry is. Whether the delivery of 
the Great Seal of this Colony to the Governor. di »es, iitso 
faclo, constitute him theJudgeof theC<turtof Kijuity. 
To show this, let it be considei*ed that tbe Great or 
Public Seal of this Colony, is used for the same pur- 
poses and has the same effects here^ as the Gix^at Seal 
of Gi*eat Bi-itain there. With it, are sealed all Orig- 
inal Writs, Surinnniis of Parliament, Conunissions of 
the Peace, Oyer and Terminer, Pardons &' A-? there; 
and with the Great Seal of tliis Province Ihe same 
Writs, Summonses of General Assembly, Commis- 
sions &c. are Sealed here. These Writs, Summonses 
&c. thtre, ainnot possilily issue, but fvom the Cbaa- 
cery of Gi>^it Britain: so neither can they here, but 
from the Chancery of this Province. The Keeper of 
the Great Seal of Great Britain ew officio is the Sole 
Judge of the Court of Chancery tltere^ both on the 



1770] ADMINISTRATION OF OOVERBTOR FKAKKLIN. 



163 



Law and Equity Side; and for the samo I'cason the 
Keeper of the Great Seal of this Colony must ex officio 
be the sole Judge of the C'ourt of Chancery here both 
on the Law and Equity Side. If a Court of Chanceiy 
exists in this Province, the Keeper of the Gt-eat Seal 
must be the Sole Judge of it: And a Court of Chan- 
cery as Offlcina Breviam must exist here or else no 
orij^inal Writ ever was, or can be re^arly issued in 
this Province. The power of a King's Governor in 
the Colonies, to act as Judge of a Court of Chancery, 
within his Provinc*^, never a[>pears to liave made a 
matter of Such doubt as to cause an application to his 
Majesty or his Judges hi England for any directions 
or opinion thereon: and thei'efoi'e it is not to be ex- 
pected that any express adjudication, upon this point 
should hie found. But the Case of Sir John Tryer and 
2.p.w-an. Bernard in 2 Peer Williams :ftH isat leastfull 
evidence of its being a received opinion by my Loi-d 
Chancellor in England, that a IMantation Goveraor is 
a Judge of a Court of Chancery within his Province; 
and that an Appeal lay from decrees in E(}uity made 
by liim to the King in C'ouncil only. The above Case 
arose upon a Deci^eo given by tlie Chancellor of Eng- 
land against the Defendant, who, upon inquiry, was 
found to have no Estate in England; whereupon a 
Motion was made for a Setiuesti-ation iigainst tlie De- 
fendant s Estate in Ii-eland. In Supixirt of the Mo- 
tion it was alleged, that such process iiad been 
awai-ded by the Chancery in England to the (ruvernor 
of North Carolina and therefoi* might go to Ireland. 
My Lord Chancellor gave his opinion, that a Seques- 
tration might be granted after Nu!ht Bona returned 
in England; but said that it should be by order from 
Loi'd Chancellor in England to Lord Chancellor in 
Ireland to issue Se(|uestration: and then a<lded, *'as 
" to the Sequestration mentioned to bo directed to the 
"Governor of North Carolina or any other of the 




164 



ADMIMSTIIATiaX OF flOTERHOIl FRANKLIK. 



(1770 



''^ Plantations^ Uie Court doubted much whether Such 
•'Sequestration should not be directed 1)y the Kiriff in 
*' Council where alone an Appeal lies from the Decrees 
** in the Plantations; for which reason it seemed that 
** in such case the Plaintiff ouf^ht to make his appli- 
*' cation to the King in Council and not to this Court." 
Here my Lord Chancellor evidently admits that a Se- 
questration may be directed to the (xovonior of North 
Carolina or any other Plantation Governor, as well as 
to the Lonl Chancellor of Ireland; which amounts to 
the Same thing its expressly saying, that a Plantation 
Governor is Judge of a Conit of E<|uity; because no 
other Judge can have anything to do with a Seques- 
tration, lie only doubts if such Sequestration should 
not be directetl by the King in Council to the Gover- 
nor, as the only Court having Jurisdiction. 

Several Objections have been made to the authority 
of the Govenior of this Province acting as a Judge of 
the Court of Equity, as 

I*' That the Seal of this Colony is trailed, in the 
Kings Instructions, a Public iSVn/, and may be likened 
to the Sealof aCoriM>i-ation; anil therefore the deliveiy 
of it to the Govenior cannot make him Judge of a 
Court of Equity. 

This Objection wiH appt'.'ir to have no foundation, 
when it is consideivd that the Constitution and Gov- 
ernment of a Colony is essentialh/ diffen*nt from that 
of a C?or|)oration. An instance or two, among many, 
will be sufficient for this place. The Ix'gislatuiv of 
this Colony can and often have, by their Act^^. ei-ectiHl 
Cofjiorations; which Acts have received the Kings 
Ai>pn)britiou: But tiie (rreat Corporation of London, 
or any other .•iggr'pgate Cor])oration that ever existe*!, 
cannot erect an(Jthei'Corp<iration; as is evident from 
a numlK'r of the best authorities: and there- 
fore the Seal of :i Colony cannot have the 
least resemblance to a Seal of a Corpomtion. Be- 



10 On. SI, 1 Bid. 



J 



i 




1770] ADMIXISTnATION 01* OOVEnNOB PBAKKLIN. 



165 



» 



sides, the members of eveiy Corporation in Eng- 
land have, notwithstantUng their own Courts, the 
privilege of resorting to the King's Courts of West- 
minster; and cannot I K> restiaine<l; l»ut in this Col- 
ony we camiot apply to tiie Couity of Westminster 
for the institution or determination of any Suit arising 
in the Colony: and it' wo hiul not Courts of coinphai 
Jurisdiction of our own; we should l)e in a State of 
Outlawry A Colony therefore in this respect^ is very 
unlike to a Coii)oration; and consequently the Seal of 
Coiporation t<» that of a C'olony. The Counties Palatine 
of Chester Lancaster and Durham are not so unlike a 
CoriK>ration, as a Colony is; and yet their Seals are 
not so unlike a Corporation, as a Colony is; and yet 
their Sealsare not Hkened to the Seal of a Corporation; 
I iBrt fpom but l>€cause the Kings Writs do not run 
.Mtoio). ffiere, they have severally Courts of eom- 
pleat Jurisdiction, and each of them a Court of Eq- 
uity — A 

2'! Objection has been made. That the Governour of 
this Colony, by a Royal Instiiiction, is prohiljited from 
executing, by himself or his deputy, any Judicial 
Office; and therefore ho cannot be the Judge of a 
Court of Equity. 

If this Instmction be of the same imp^^rt as the 41"? 
Instruction to Lord Cornbury,' formerly Governor of 
tills Pi'ovince; it evidently intenils only to inhibit the 
Governor fi-om executing any Office wliich he is en- 
able<l, />// his CommiNsfon and Inst met ions ^ to grant; 
such a8 the ordinary Judges of Couils of Law and Jus- 
tices of the Peace — The Instruction, after directing 
that Judges and Justices of the Peace must heap 
pointed with the advice of the Council, adds '*no? 
'* shall you execute yourself or by deputy any of ttib 
** aaid offices:" not meaning surely that he should 1»* 



> New Jersey ArchireK, U., SIO, 



166 



APMlKlSTRATrON OV OOVEHNOR FKANKl.IK. 



[1770 



prohil>ite<i from executing any Judicial Office; htM-^iise 
such intequetation would disqualify himfiom judging 
in the Court of Governor and Council; which by the 
same set of Instructions, is constituted the Supreme 
Court of L#aw in the Province for con-ecting of En-ors; 
and the Governor's presence ia absolutely necessary to 
the very lieing of the Court.. The Instructions there- 
fore cannot intend any Office that the Governor is not 
able, with the advice of the Council to grant, but the 
Governor cannot, with the advice of the Council, gi'ant 
the Office of the Supremo Judge of the Court of Ekpiity ; 
because himself is tiirected to keep the Seal: and there- 
fore the Instruction most clearly cannot intend to pm- 
hibit the Governor from executing the Office of th< 
Judge of the Court of Equity. — A 

3" Objection has been started, That by another In-' 
struction from the Crown. Appeals lie/njm the Courts 
in the Province to the Goveraor and Council: and it 
would be absurd to Supjwse that an Appejil vvf>uld lie 
from the Governor to the Governor and Council, 

This Instniction can intend nothing more than Ap- 
I>eals hi EiTor from the Courts of Law; for several 
reasons. One, which of itself seems Sufficient for this 
place, is, that an Appeal only hes to the King in 
Council from th<' Decrees in the Plantations; as ap- 
2p. w- m pears by the forecitetl Case from 2 P. W'V" 
2t;i.— A 

4*^ Objection has been raised. That the Governor by 
his Commission is irnfK>were<l, with the Consent of 
the Council, to erect any Courts for heai-ing and de- 
termining the Causes according to Law and Equity ; 
and it appeai-s, from the liocords of this Province, 
that a Court of Chancery was first, after the Surren- 
dry of the Government, erected here, by Ordinance 
passed by the Governor and Council, wherein the Gov- 
ernor and Council were api)ouit**d Judges itf tlie said 
Court. To which it is answei-ed, that this Clause in 



n:o] 



ADMINISTRATION OF GOVEBNOR PKANKUN. 



167 



the Governor's Comraission never intended to give 
him power to create a Court of Equity — The Klnj? him- 
self has not power to do it: for this Couit must either 
<iiMt. er. «3. exist by Prescription or Act of Parliament; 
but can in no case be raised by Grant from the CVown. 
The Governors and Councils therefore, in the times of 
my Lords Cornhury and Lovelace, committed gi-eat 
ent)r in att-emptiug to ei-ect by the Pix^rogative, a 
Court which really did exist by the Common Law. 
Tliis Onlinance was absm'd, and a mere nullity: but 
the maxim of Utile per inutile non mtiatnr is founded 
upon good reason. — The legal and constitutional ex- 
listence of this Court was not affected, by an att*^rnpt 
to make it an unconstitutional (.'ouit. And of this 
opinion was the Council in the time of Goveraor 
Hunter: They Saw the error of their Pre<lecess4irs, 
and declaimed that the Governor having the custody of 
the Seal, is by that constituted Chancellor. Tlie Court 
having been Supposed, thro mistake, to arise merely 
upon the Ordinance, and improper Judges having, in 
consequence thei-eof, sat in that Court; could not be 
any reasomible Objection to the same Court being held 
regularly by the proper Judge, when the mistake was 
discovered. A 

5V' Objection has been made, Tliat there is no per- 
son appointed to ailministei- tlie Oath of Chancellor or 
Keeper to the Governor. 

To this it is answered, that the Meml>ers of his Ma- 
jesty's Council or any three of tiiom. are directed, in 
the GovenKjr's Commission, to ;ulniinisk^r the Statt; 
Oaths to him; together with the Oath of Office; and 
an Oath for the efjuol and impttrtial atlmiuistratioii 
of Justice J in all Causes that shall come 6e/bre /am; 
Which seems very Sufficient to enable them to ad- 
jOninister the Oath of any Office, with which he may be 
Invested. And it is evident, in fact, that the Oath of 



108 



ADMINISTRATION OP OOVBRKOR FRANKLIN. 



[1770 



vida Min- Chancellor, in so many words, has been 
cdi tram ume atlniinistered to several of the Governors 
of oov« Hun- jin^ other Commanders in chief of this Pro- 
Benuuti. vince; and by the same authonty might 
have been administred to every one of them. So 
that' if the (Joveraor be the Judge of the Court of 
Equity, there is no doubt, but the Coimcil are im- 
powered to adminster Ihe Oath of Oftice. 

Such are the Reasons of my Opinion upon this im- 
portant point; and I am happy Jn having been able to 
satisfy my self— nevertheless they are humbly Sub- 
mitted to better Judges. 

Rich? Stockton 

Princeton, Jan"^?" 27*^ 1770 



The Pfitition of WiUiatn Bm/arrL Efiq,, of Neiv York, 
to the Board of Trade^ prayimj their iMrdships 
to propose to His Majesti/ the repeat of an Act 
pas.'ted in the Province of New Jersey, relative to 
the Common Lands of the Township of Bergen. 

lFn>m P. R. O. B. T., New Jvner. Vol. 10. L. B.] 

To the Right Honourable the Lords Commis- 
sioners of Trade and Plantations 
The Petition of William Bayard of New York 

Esquire 

Sheweth 

That by a pnvate Act of the General Assembly of 
the Province of New Jersey Intitled An Act apjxunt- 
ing Comraissionei-s for finally settlingand determining 
the several Rights 'lltles and Claims to the Common 
Lands in the Townsliip of Bergen and for making 
Partition thereof in just and and equitable I'l-opor- 




tions among those who shall be adjudged by the said 
Commissioners t<i be intitled to the same, obtainwl and 
passed in the fourth year of the Reign of his i)resent 
Majesty at the InsUnce of Vonr Petitioner and others 
the Inhabitants and Freeholders within the Township 
of Bergen within the said Provitice, certain Persons 
therein named wei-e appointed Commissioners for the 
purposes above mentioned 

That the said Commissioners in the Year One Thou- 
sand Seven Hundred and Sixty four proceeded in tlie 
Execution of the said Act and having allotted to the 
several Grantees their respective proportions of the 
said Common Lands, the said Commissioners located 
to every Proprietor his Share therein according to the 
directions of the said Act, and having thereby per- 
formed all the Tnists reposeil in tliem l>y the said Act, 
made a due and regulai* Return of their proceedings as 
by tlie said Act they wei'o directed 

That Your Petitioner in right of a Patent of the 
Island of Secauciis granted the tenth of December One 
Thousand Six Hundj-ed and Sixty three to his Grand- 
father Nicholas Bayard and Nicholas Varlet as joint 
Tenants and confirmed to them by Governor Cartei-et on 
the tliirteenth of Octi)l>er One Thousand Six Hundred 
and Sixty-seven, claimed before the Commissioners an 
Allottment of the said Common Lands, as did likewise 
sundry othci- Pereons in vh-tue of a Sale from the said 
Nicholas Bayard of the said Island of Secaucus, but 
the said CommiBsionei*s having doubts concerning the 
Rights thereto, would not take upon themselves to 
determine to whom the said Allottment did belong 
and therefore in their Award or Detenniuation only 
set apart a certain Lot of the said Common Lands to 
the said Patent of Secaucus distinguished by Number 
2«3 in their Field Books, and left the Question of Title 
and Right to Ik^ decided by due Course of Law. 

That Your Petitioner in right of and as Heir at Law 



170 



ADUINISTRATION OP OOTERMOH FRANKLIN. 



of the 8aid Nicholas Bayard his Graiult'ather (who sur- 
vived the said Nicholas Varlet) theit^upon entred U|)on 
the Lands so allotted by the said Commissiouei-s to th< 
Patent of Secaucus and lx>th ever since been and stU 
is in the possession thereof. 

Tliat the Pei-sons so claiming under the s^iid bale 
the said Island did some time since commence a Suit 
in the Supi-enie Court of Judicature of the said Prov- 
ince against your petitioner for the recovering the 
possession of the said Lauds so allotted by the said 
( ■onmiissionei's to the said Patent, to which your |K)ti- 
tioner immediately appeared and submitting to the 
Jurisdiction of the said Coiirttherein.causeil a Defence 
to bo made in the said Suit and the said Cause having 
been brought on to Trial, a special Verdict wae foun<l 
therein which having Vieon solenuily argu*^! before the 
Judges of the said C<»uit they wern i-e^dy to give their^i 
Judgment in the Matter. ^H 

That notwithstanding tbcfe never lia*; been the least 
doul»t entei'tained of tl»e JurisdictioJi of the said Court 
as to the Cognizance of the said Cause, the several 
Persons so claiming under the said Sale being con- 
scious of having no Right by Law to the said Allot- 
ment and taking Advantage of your Petitionei-s Ab- 
sence from the said Province, have in a very unfair 
and unprecedented manner obtained at the last Ses- 
sions of the General Assembly of the Prtwinw an Act 
intitled a Supplementary Act to an Act entitled an 
Act appointing Commissioners for tinaUy settling and 
determining the seviM-al Rights Titles and Clmnis lo 
the t\)mmon Ijands of Btugen and for making Parti- 
tion thereof in just and equitable Proportions among 
those vvlio shall be adjudgetl by the said Conunission- 
era to l»e entitled to the same; whereby certain Per- 
sons thei-ein named ai"e apjjointed Commissioners 
iusteai! of the |K>rsoiu: in the said former Act nannMl 
fi»r settling and finally dett^rnn'ning in whom the 



1770] ADMIVISTHATION OP OOVERKOK FRANKLIN. 171 



Right or Rights of the said Common i-ianda allotted to 
the Patent of Secaucus is or aiv vested, under- such 
Directions as therein set ft)rth. and the opinion of the 
said Commissioners is thei-ehy declai-ed to be good and 
valid in I^w to eHtal>lish the Right and Title of the 
proprietor or proprietors of the said C'onimon I^nds, 
And for the more easy and ready acquiring Posses- 
sion of such Conmion Lands as shall be allotted and 
adjudged by virtue of the said Act, the said Commis- 
sionei's are to issue a Pi*ecept to the Sheriff of Bergen 
County commanding tliem to cause fidl and actual 
Possession to be delivered to such person or pei^sons 
to whom such Common Lands shall be alloted, who is 
thereby requhx^d to execute the same as in Case of a 
Writ of Possession in an Action of Ejectment; And 
the said Commissionei*s are thereby directed to meet 
and take upon them the Execution of the said Act on 
the Twentieth Day of September next or as soon as 
they conveniently can thereafter, having fii*st given 
such notice as tlierein mentioned. 

That the impropriety and evil tendency of this Act 
is too obvious to need fuither OI)servation than that 
the plain view and design of Your petitioner's Adver- 
saries in thus attempting to remove this Question of 
Right which is entirely of a private nature and a mere 
I)oiut of Law depending between Individuals fi'om the 
ordinai*y Course of Justice where it has been brought 
by themselves in a regular C'ourse of Pi'ocedure, to a 
new ereci.ed Court of Commissionei*s whoso det-er 
niiuation is to l)e final, must be to deprive your Peti- 
tioner of the legal Right to the Judgment of tlie Su- 
pivme Court of Judicature and of his A]qietd from 
thence if n<:?ce8sary^ fii-st to tlie (ioveruor and Council 
of the province, and ultimately to his Majesty in 
Council; contrary to the express Constitution of the 
Province, besides this Act being confessedly of a pri- 
vate nature and not containing any Clause of Suspen- 



172 



ADMINISTKATIOH OF OOVKRKOK PRAXKUK, 



sion, is as Your Petitioner is advised expressly co: 
trary to his Majesty's Instructions 

Wherefc»re as well in i-egartl to Youi* Petitioner as 
to discourage for the future Attempts so repugnant U> 
Law and Justice, Your Petitioner humbly prays Yoiur 
Lonlsliips will please to take this Matter into Your 
Consideration and intercede with his Majesty to pre 
vent this Act from jiassing into a Law' 




Sjyerrk of Gomrnor Frankfi'n, to the f^gt'slatiire^ in 
rdatinn to the IHots in Monmotdh and Essex 
Countu's, 

(Prom Minutes of thu ProviucUil (kmocfl of NttW Jenef.| 

Oenilemen of the Council and Gentlemen oftlie O^fieral 
Assemhli/; 
I am ninch concerned thai there should Iw any Occa- 
sion for calling a Meeting of the Legislature, so sot>n 
after the late Session: But however inconvenient it 
may he to yotir private Affairs, or expensive to the 
Province, you will tind by tlio Papers wliich will he 
laid before you, that it is a Measure made absolutely 
necessary by the latu tutnultu(nis and riotous Proceed- 
ings in the County of Monmouth. A considerable Btnly 
of People of that County, spirited up by some faction! 
designing Persons, assembleil themselves at Freehold^ 
on the Day appointed for holding the County ('ouri 
there in January last, and armed with Clul>s and other] 
offensive VVeajM^ns, did, by tlieir Threats and ontra-| 
geous Behaviour, S(i insult the Magistrates and Officers 
of the Court, when on tlieir Way to the Court House, 



' There l> DO d«t*> to this pa|M>r, but It tti mipposed to hare been preacaUMl 
U ntvh «l, 1770. 



1770] ADMINISTKATrON OF GOYERNOB FKANKLIN'. 



173 



that they judged it neither safe nor prudent to attempt 
opening the Court: They therefore, after making a 
Eecord of the Riot, broke up, and retiuned to their 
respective Homas: by which Means it baa become 
requisite, before another Court of Common Pleas and 
Quarter Sessions can be held there, that au Act of As- 
sembly be passed for reviving and continuing the Pi*o- 
cess and Pi*oceedings lately depending therein, to the 
next succeeding Com't. which will be on the Fourth 
Tuesday of the ensuing Month. 

The chief Pi^et^nce given out by the Leaders of these 
deluded People, in Justification of their riotous and 
unwarrantable Proceedings, is, I understand, that the 
La\vyei*s have op[>refis'd them with exorbitant Costs, 
in biinging Suits for Debt, &c. Whether this Chai-ge 
is well or ill founded, I cannot take upon me p<.>sitively 
to say; but this I know, let it be ever so just, it does 
not lessen the Heinousness of their Offence. If the 
People are aggriev'd, there are legal Methods of com- 
plaining—there are legal Methods of obtaining Redress. 
For Instance, in the present Case, if the Practitioners 
of the Law, have really charged tlie People with ex- 
cessive and illegal Costs, the Law has already provided 
a competent Remedy. They can apply to the Judges 
of the County Courts, and have the Lawyers Bills 
taxe<l, and even re- taxed if they think it necessary. 
If they appreliend any Injustice has l)een done them 
in such Taxation, they can apply to the Justices of 
the Supreme Court, who, it is not to be doubted, 
will rectify any Errors that may be found therein. 
Should it, however, happen, that they conceive them- 
selves injured by the Dotermination of these Officers, 
or that these Officers should deny or delay doing them 
Justice, a Complaint may be made to the Governor 
and Council, who, they must l^e assured, from many 
late Instances, will pay Attention to the Complaints of 
the meanest, even tho' they may affect the liighest 



174 



ADUINIBTRATEON OP OOVEKKOU FRAMKUN- 





Persons in the Comrauuity, and oniit nothing in theii 
Power to ensure the sti-ict and impartial Administi 
tion of Justice. But even supposing the contrary, ai 
that all the Oflficei-s of Government slioiild neglect 
refuse doing their Duty in this Respect. Have they 
fitill a Door left open for their ComplaintB in the Houf 
of Assembly, the Representatives of the People ? A 
Body, who, on such Occasions, have an undisputed 
Right to consider themselves as the Grand Inquest of 
the Colony, to enquii-e into the Grievanc*»s compUtinetl^ 
of by the People, — and who have it in their Power, b] 
many legal and constitutional Ways, and particularly' 
by a direct Application to the Kiug, the P\iuatiiin 
Justice, to procure all the Relief the Nature of thi 
Case will admit of. 

How unjustifiable then is the Conduct of these Pe< 
pie i Tliey have refused taking those regular Stej 
whiih the Law and Constitution have i>ointeil out to 
them. Their first Method of making known their 
Complaints, was to assemble in a riotous Manner in 
July last, and endeavour to prevent the Lawyei-s, wh^ 
a!-e legal Officers of the Court, from entering th( 
Coui-t- House, and doing their Clients Business. The] 
were, however, at that Time, opposed with Spirit by 
tiie Magistrates and others, the Kiot quell'd, and th^n 
principal Ringleaders committed to Gaol. A Court otS 
Oyer and Terminer was some Time after held in the 
County, and those Persons appeanug to have somt 
Remorse for their past Couduct, lenient Measui-es wer 
thought most advisable by the Court, and were 
cordingly adopted, by whioh Means none of them wei 
brought to that Punishment they justly deserv'd. 
Here it was ho]>ed the Disturbances in that (bounty 
would have ended, especially as the House of Repre- 
sentatives soon after made a particular Enquiry into 
their pretendtni Gnovauces, and spent a considerable 
Time therein, without being able to find any Charges 




1770] ADMINrSTKATION OP GUVeRN'Olt FBANKLIN. 175 




of Consequence proved against any of the Lawyers 
complained of. But it bo happened, as it has often 
hapijeneil before, whei-e Government has thouj^ht 
propel- to adopt lenient Meiusures on the tii-st Commis- 
sion of Crimes of this Nature, that the People did not 
attribute these Measures to any ival Disposition to 
Lenity, but to Motives of Fear and Apprehensions of 
Danger. In Fact, they were thereV>y encouraged to 
believe they might set themselves up in Defiance of all 
Authority, and act in the Manner we are told in Scrip- 
ture that the Jews did, " In those Days when there 
tvas no King in Israel, — no Ooz^etiuJient or Magistrate 
thai might jmt them to Shame iu any Thlny^ — but every 
Man did that which was riyht in- his own Eyes.''' The 
Consequence of which w^as, they assembled in far 
greater Nunibei-s, entered into a Set of Resolves, some 
of them trea8(>uable, and at the Time wlien the County 
Coiu't was to have been held in January last, they as I 
have before mentioned, entirely prevented any Pro- 
ceedings i?i the Business that ought to have been tran- 
sacted there. 

Besides tliese Riots in Monmouth, there was one of 
a similar Nature in Esse^v, on the Mi of last January, 
but by the virtuous ard spirited Conduct of the Sher- 
iff, Magistrates, and a Number of the weU-disposed 
Inhabitants of the County, the Riotei*8 were sup- 
pressed, and many of them bound over, to answer to 
the next Court. 

Upon my receiving Information of these audacious 
Insults to Govermnent, 1 summoned a Meeting of his 
Majesty's Council at -1 mlwy, and by thoii* Advice, im- 
mediately issued Commissions for hokliug a Court of 
Oyer and Terminer, in the Counties of Monmouth and 
Eswjr, that the Disturlwrsof the Peac>e in those Coun- 
ties might be brought to as wpet^dy Justict: as i>ossible. 
And, in ordin- to add Weight and Dignity to the Com- 
missions, I appointed a number of Gentlemen of 



176 



ADMINISTHATION OF OOVEBNOR FRANKLIN. 



[171 



01 

i 

in ■ 

mia. i 



Rank and CTliaract^r to assist the Justices of the Si 
pi*ome Court in the Execution of them. Several of 
thera very cheerfully undertook the Service, tho' 
an inclement Season, for which the Fublick is murl 
indebted to them. The Courts have since been heU 
and I have the Satisfaction to acquaint you, that in 
Essex the Rioters were tried, convicted and punished, 
according to their Demerits; and evei-y good PuqJ 
that c^uld be hoped for or expected from the Commis- 
sion, seems to have been attained. I heartily wish I 
could give you the same Information respecting Mon* 
mouth. But the Grand Jury, for Reasons best known 
to themselves, speut near a Week befoi-e they would 
make any Enquiiy into the Riot of January last, tho' 
they well knew it was the principal Intent for which 
the Court, was held, and they ha^l the Bills lai<l l)efore 
them on the second Day of the Court, and all the Wit- 
nesses were attending. The Result was, that after 
altering the Bill, they indicted about twenty Men for 
the Riot; but so long a Time had elapsed Ijefore this 
was done, that the Court, some of the Meni1>ers ol 
which were to att.end this Session (and the Defend 
ant's declaring they were not ready f<jr Trial, mime of 
theij' Witnesses being out of the County) found them-j 
selves under a Necessity of rising without hringinpf] 
them to a Trial at that Time, and the Parties were 
therefore bound over to the next Comi of Oyer and 
TeTniiiiur to bt' ]v\(\ in that Ctmnty. 

I think it necessary to mention to you. Oeniiemen,\ 
that the cntJy Complaitii of Grievance which has been- 
made to me on this Occiisiou. is contained in a Peti- 
tion I received shwe the last Riot, from about Thirty, 
or Forty Pei-sons, who stile themselves T/te Freehold'\ 
ers hihahitants of the Cottnfif of Monmouth, But this 
contains only a general C-harge against Lawyers in 
general, unsupported by a single Fact against any one 
of them. How can these People exj^ect that Govern- 



1770] At)MINIHTBA.TlON OK GOVERNOR FRANKLIN. 177 

raent will take Notice of AcciisJitions of this Nature 1 
What would they think if any Attention was paid to 
such general Allegations against themselves ? 

There is no Man in the Province that would more 
readily join in any Mi?a8ure necessary for the Removal 
of any real Grievance of the People tJian myself: But 
at the Siime Time I should he much wanting in my 
Duty to the People themselves, if 1 did not endeavour 
to have Examples made of thase who, on any Pre- 
tence, dam to insult the Laws and Authority of Gov- 
ernment. — In the pi-esent Case however, 1 am hy no 
Means satistied. that the Grievance they now particu- 
larly c<»m plain of, has any I'eal Existence. On Uie 
contraiy, it appeal's to me, that this Cry against the 
Lawyers, is only raised to deceive us, and that the 
Unwillingness of some, and the Inahility of others, to 
pay their just Debts, are the tnie Causes of all their 
outrageous Conduct, in which they are encouraged to 
persevere by the genei-al Licentiousness of the Times, 
and the Countenance they receive from 84>me Persons 
who are ambitious of becoming popular, even at the 
Risque of distressing their Country. 

The Re^HSOus which among others, incline me to 
adopt this Opinion are, first, Because you, Oentlemeu 
of the Asseinblt/, notwithstanding you spent so much 
Time, and Uxyk so ranch Pains at the last Session, in 
enquiring into the Charges against the Lawyers, were 
not able to discover any Tiling in their Disfavor, but 
wliat was really so trivial, as to be scarcely woi-th 
Notice, and could not with any Propriety be deemed a 
publick Grievance. And, in the next Place, because I 
am credibly informed, that at the Court of Oyer and 
Terminer, held last Week for the Tiial of the Riotei-s 
at Monmouth^ tho' the Grand Jmy took uncommon 
Pains in searching for and enqiiii'ing inU^ Facets against 
the Lawyers, in order to found Indictments against 
them, the whole amount of what they could find to 



L 



l78 



ADMINISTRATION OP OOVBRKOR FRAKltLIN. 



:1 



charge theru all with, waB hut Fifty Sliillings. Three 
Practitionei's were, however, indicted for their (jaotas 
of this trirtinp; Sum. Two of them being pi-esent, ini- 
mediatt^ly put tlur'inselvfcj.s on their Trials. One of 
those had two Indictments found against him, but 
the Pettit Jury, in a very short Time acquitte<1 hitn of 
the Fii-st, and the otiier was discharged at the Request 
of the Prosecutor, who acknowledged himself mis- 
taken, and thei'efore could not snpjx)rt his Chaige. 
The Court beiug of Opinion that the Matter chaj*jL^e<i 
against the other Gentleman present, was- not indictji 
hie, oi-dered the Indictment to be quashed. The La^ 
yer who was absent being sick at Home, coulil m 
attend, and is yet to take his Trial. 

Such being the Case, our chief Attention at this 
Time, ought to l>e engaged in pi-ovidhig for the due 
Suppoi-t of the Law^s and xVuthority of Government. 
Tliis indeed, nuist at all Events be done, and with your 
Assistance, may be easily effectetl. For so desirable 
a Purpose, I tiiink it my Duty to recommend to you ( 
the passing, ^M 

1st. An Act for reviving and continuing the Militii^ 
Law, which expii*ed at the last Session. ' 

2d. An Act for the better preventing Tumults, and 
notous Assemblies, and for the more speeily and ef- 
fectual punishing the Rioters. — In this Act you will 
probably think it exjiedient for the I'^ecurity of your own 
Properties, and thost^of tin? go<Kl People of the Colony, 
to add Clauses for punishing with exemplary Severity, 
those who forcibly opi)osethe holding or proceeding m 
the Business of any Court of Justice, or forcibly hin- 
der the Sale of any Lands or UikkIs taken in Execution 
by the Sheriffs of the I*rovince. — and also to enable 
the Justices of the Supreme Court, on particular and 
extraordinary Occasions, where Cii-cumstances may 
make it necessary for the publick Peace and Safety, 
to try Pei'sons guilty of such Crimes in some other 
County, than that whei-ein the Offence was commit- 



1770] ADMTNISTRATIOK OF GOVERNOR FRANKUN. 179 

ted. A I^aw of this Kind has been heietofore passed 
in this Province, and in other Parts of the King's Do- 
minions, but never on any Occasion more necessary 
than the present. 

3d. An Act to Cfjnif^el the Reparation and strength- 
ening of Prisons, as often as may be necessary, in some 
Manner more speedy and effectual than at present. 

4th. An Act to provide a Fmid (some limited Sum) 
for answering sik'Ii ('oiitingent and exti*aordinary Ex- 
pences, as may happen on Emergencies, for the Ser- 
vice of this Province. — They have a Provision of this 
Kind in the Colony of Nrw York, as well as in several 
other Colonies, Such a Provision, indeed, ought to 
be in all Governments, at all Times,— but more es- 
peciall}' in this Province, at this . Juncture. 

These, Gentlemen, are the principal Matters I have 
to recommend to your Consideration at this Time, and 
I have been the more particular, as I think them of 
the utmost Consequence to the futui-e Welfaie and 
Prosi>erity of the Province. The tiot^us Disposition 
which tt-K) many of the People have lately manifested 
in several Parts of this Colony, particularly in the 
County of Monmouth^ where it first appeard, is of 
the most dangerous Nature, and, if not timely and 
vigomusly oppotHxi and subdued, will in the natui-al 
Coui'seof Things, spread itself from Coimty to Comity. 
Artful and designing Persons will take the Lead, who 
will l>e every Day inventing new Grievances, and ris- 
ing higher and higher in their Demands. Ijaws, the 
best Cement of Societies, will he broken with Impu- 
nity. The regular Administration of Justice, which 
is of the very Essence of Government, will be totally 
obstructeil; Anarchy and Confusion will then ensue, 
and the most dt>si)otic and worst of all Tyrannies, — 
the Tyranny of the Mob — must at Length involve all 
in one common Ruin. 

WiLUAM Franklin. 

Council Chamber, March 10, 1770. 




iso 



AOMIXISTUATION OP (lOVERNOE POANKLIX. 



Addre.^s of the Assembly to Governor Franklin 
relatltm to the Riots in Monmouth and £s 
Counltes. 

(pyQin VotMi and ProceclliiKV nf the Oanci^l Attwtnbljr of Kow jBrary.] 

To Hifi Excellency William Franklin, 
Captain Greneral, Governor and Connnai 
der in Chief, in and over the Cx)lc»ny oi 
Nova-Ciesaria, or New Jersey, and Tenij 
tories thei-eon de]iending in Aineric 
ChancelJ<jr and Vic«-Admiral in the sami 
&c. 

The Humble Address of the Repreeentatives 
sjxid Colony, in General Assembly ci»nvened. 

Mofi if f»Uase your Erc'eflenct/^ 

Hoaitily grieved at thf Occasion of our Meeting 
this Time; we cannot sufficiently express the Ctincei 
we feel, that there should l)e Pernoiis in this (xover 
ment, so lost, to a Sense of thoir iuestiniabie Privilege 
as not to distinguish between the Use and Abuse 
them; and that because some may have been, 
others imagined themselves severely ti*eated and op* 
pressed by a particular Sett of Men, that therefoi-e 
they would deprive both themselves and othei*s who 
never offended them, of one of tlie gi*eatest Bulwar 
of Englisli Liberty, a Free Court, wliereiu all Persoi 
whatever have, aud ought to have an undoubted 
Right to appear, according to tlie Mode of our exield 
lent Constitution, to hear aud bo lieard, make know 
their Com[>laints. and have them redi'essetl. Thoi 
are or have been Abuses in most or all Professions; 
thi'se wtne to operate against their Use, what woi 
be the Cou9et]uence, but a total Deprivation of all th< 



1770 J 



.VDMIN^ISTRATION OF OOVERKOR FRANKLIN. 



181 



Benefits attending the due Execution of thorn. Where 
the Law and Constitution have provided Reinedies in 
any Case; these and these only ought to be pui*sned. 
With Respect to any Abuses or Oppression fi-ora the 
Pi-actitionci-s of the Law, the legal Modes of Redress 
are justly pointed out by your Excellency, plain and 
easy to the meanest Capacity, and to which in general 
we know of but one Objection, that the People op- 
pressed are sometimes not of sufficient Ability tt) pros- 
ecute their Complaints; but this can have no Exist- 
ence, when it is considered, that there are none so 
poor but may make known their Distress by Petition 
to the Assembly, or to the Members thereof, who live 
in their County; and from the past Conduct of this 
House, it must be evident, that as the (Ji-and Inquest 
of the Province, Attention will always be paid to the 
Complaints of the People.— There are few but what 
have, or may have in future a lawful and honourable, 
and we think, the best Remedy, in their own Hands, 
against any Abuses fi-om tln^ Practitionei-s of the Law, 
an lionest Care to fulfil Contracts; and a patriotic 
Spirit of FrugJility and Industry, would so<in make 
this evident. We ai-e however, and shall be at all 
Times, ready to hear, and as far as may lx» in our 
Power, redress every real Grievance that may come to 
our Knowledge. 

We could not, thro' Concern for these deluded Peo- 
ple, but thus far lament their unhappy Mistake, (rov- 
cniment must be suppoi-ted, and the Laws duly exe- 
cuted; fmm the strictest Attention to these Points, we 
can never vary; our Regard for gooil Order and the 
Peace of the Province, calls loutlly upon us to thank 
your Excellency, for the Care you have taken, that 
the public Tranquility might l)e pi*eserved ; at the 
sami? Time we are well assui'ed, it is neccssiir^- there 
should l>e a Regtilation in the Practice of the Law, 
which we i>elieve would greatly contribute to quiet the 



183 



ADMINIHTRATION OF GOVRKKOK FKANKLIN. 



[IT70 



Minds of the People, if not totally prevent such tumul- 
tuous Pi-oceedings in the future; and we hope, if any 
Remedy can be provided, so that the heavy Expenre 
sometimes attending Law Suits, may he regulated and 
lessened, it will have your Concurrence. And we can- 
not but express the great Satisfaction we feel at the 
virtuous Conduct and Spunt shown by the Magistrates, 
Sheriff and People of the County of Essex, in supi-ess- 
ing the first ApjKjarance of Riot in that County; had a 
like Spirit been exerted in Monmouth, it probably ha< 
prevented the Disturbance since. 

We on our Part do assure your Excellency, wi 
shall ever discountenance such riotous Pixn^eedijigi 
and will heartily join in all necessaiy Measures 
bring every Offender to condign Punishment, and for" 
ensuring Obedience to the Laws; for this salutary Pur- 
pose we shall give due Consideration to what your 
Excellency hath ivcom mended. ^1 

As the Pei*sous accused of the late Riots, have heoil^* 
and are in a Way of Trial according to Law, we ca.n- 
not think it necessary at present to alter the con.stitu- 
tional and estabhshud Mode of Trial to another CV)uuty ; 
nor will it he n(K.nssary at this Time to make any Pro- 
vision for Expences that may hereafter arise, as thdB 
Assembly of tliis Colony have always honoural)ly paio^ 
the extraordinary' Exigencies of (lovernment; so your 
Excellency may be assm-ed, should the like Disordere 
occasion it, we shall not be wanting in our Duty 
defray the Expence. 

We must take Notice to your Excellency, that th 

Meeting of the Assembly at this Time, ought to have 

been at Amboy, accoi-ding to established Custom, am 

however the Necessity of the Business now to be don 

may excuse our going into it, we desire it may not 

drawn into Precedent. 

By Order of the House, 

Cortland Skinner, Speaker 
March 20, 1770. 



1 



1770] ADMIXISTBATiON- OF GOVERNOa FHANKLIN. 183 



Proclamnfitm of Governor Franklin, offerhuj a reward 
of £'2ri for the discovery of the person or persons 
tvho set fire to the stable and outhouses of David 
Ogden. 

IFrom p. K. O. B. T.. VoL S*.] 

A Proclamation 

Whei-cas I have recoivcd Infomiation that on the 
night of the ninth ilay of Jaaiuiry last the St^ihle atid 
Home other out Buil(h'ngs of the Honorable David 
Ogden Esq' were consumed by Fire: and that there 
is Ki-eat Reason to believe they were wilfully set on 
Fire by some wicked Person or Persons unknown. 
And Whereas tlie House of Assembly of this Province 
by their Message of this day, liave requested me to 
Issue a Proclamation offering a reward of twenty i\\'e 
Pounds for discovering and bringing to condign Pun- 
ishment the Person orPei'sons guilty of that attrocuous 
and Alarming V'illany, I have therefoi-e thought lit, by 
and with the Advice and Consent of his Majesty's Coun- 
cil to issue this Pi-oclamation hereby ^(luiring and 
Cf>minauding ail Judges^ Justices of the Peace. Sher- 
iffs and otlier (Officers to be jxirticularly vigilant in 
detecting the Perjietrator oi* Perpetratoi-s of so horrid 
a Crime, and promising the said i-eward of twenty 
five Pounds to any Person or Persons who shall dis- 
cover the said Offender or Offenders so that he, she 
or tliey 4)e conviet-ed of the said Crime. 

And 1 do iiereby farther promise liis Majesty's most 
gracious Pardon to any Accomplice who shall discover 
and proserrute to Conviction any one or more of the 
said Offende]*s, 

Given under my hand and Seal at Ai-ius at the City 



184 



ADMINIflTRATIOH OF UOVERNOK PKANKLIN. 



of Burlington ill the said Province of New Jei'Key th< 
twenty first day of Marcli in the tenth year of his 
Majesty's Reign Anno Domini I77<> d 

VV*! Prankun " 

By His Excellencys ('onimand Cha. PettitD. Seer 
God Havk the King. 



Ordinance in relation to the Couti of Chancery, 

ITrom Boirk ABnrOonunlMdonK,lnSecrctaiTor8tab-'»Ofnoe.Bt TrvntnD. fol, 



An Ordinance For the better Establishing a Hi( 
Court of C1iant*erv in the Pmvince of New Jei*sey an* 
for apiK)inting the Chanwllor or Judge thereof By hi^^ 
Excellency William Franklin Esq. Captain GoneralJ 
Governor and Ci>mniander in Chief in and over his 
Majestys Pmvinco of New Jersey and Teriitorie^^ 
thereon dej)cnding in Anienc^ and Vice Adniirai il^l 
the same & in Council this twenty eighth day of March 
in the tenth year of his Majestys Reign. Annoqu^^ 
Domini One thousand seven hundred and seventyi^ 
IMtereaA theiv always hath Iw'en a Court of Chancery 
held in thv Province of New Jersey and tl»e same at 
present tvquiivs regulation. His said Excellency the 
Governor by and with the Advice and Consent of Hi^H 
Majestys Council for the said Province, imd by virtu^^ 
of the Powers and Authorities to him given by his 
Majestys Letters Patent under the Great Sea! of Gi-ealfl 
Britain bearing date the ninth day of Se])tember in 
the Second Year of his pi-esent Majestys K«"ign, liatJi 
thought fit to oitlain and declare, and by and with the 
Advice and Consent of his said Majestys Council doth 
hereby oi*dain and declare that his s;iid Excellency 
William Franklin Esq. is hereby constituted and ap- 



ADMINISTKATION OP HOVBRNOR PRANKLTN. 



185 



pointed Chancellor and Judge of the High Court of 
Chancery or Equity in this Colony, and Inipowered to 
hold the said Court, and in the same to hear and de* 
termine all Causes from time to time in such manner 
as heretofore hath heen usual and aw nearly as may l>e, 
according to the usage and Custom of the high Court 
of Chancery in that pait of Great Britaiu called Eng- 
land. And it is liereby ordained and declared that his 
Excellency William Franklin Esq. before holding the 
&aid Court shall take an Oath in the words following 
that is to say, '" You shall well and truly serve his 
Majesty to the best of your Skill and Knowledge as 
Chancellor and Judge of the High C'oiut of Chancery 
Erected within this Province, you shall faithfully and 
uprightly to the best of your Power, cause Justice to 
be duly Adniiuistered, to such as shall sue before you 
for the same according to Equity and the Order of the 
Law you shall not t«ike nor receive of any person any 
Gift or rewani in any Cause or matter de]>ending l>e- 
fore you. Ho help you God. And it is hereby fiutber 
ordained and declared that his said Excellency Wil- 
liam Franklin Esq. shall and may. and he is hei*eby 
Authorized and Impoweivd from time to time to nom- 
inate and fix days for hearing, Tryal and determina- 
tion of any Cause that may arise or bo brought l:>ofore 
him, and to appoint and. Order such days & times as 
to him shall seem meet, for hearing Motions, and en* 
tering Rules and Oi-ders in the said Court. And fur- 
ther to nominate constitute appoint and Commission- 
ate so many Masters, Clerks, Examines, Registers 
and other necessary Oftii^ers as shall he needfull to the 
holding the said Coui*t and doing the Business therein 
and also to make such Rules Ordei*s& Regulations for 
irrying on the Business of the said C'ourt, as to hini 
a time to time shall seem necessary.' 



W dmkI of Ctnirt of ( imiii-<>rv u|M>ti ii pn>|)4^r baHl» liad lieeo urErt:d upon Ibf? 
ily la ITGH hy Gotltuoi- FriLDkUn, but thiLt bo^Jy was uot dlKpoaed to create 
U7 iMW offlccs, nor to add to the emolumcotB of Uiooe then cxiiting, uid no legte- 



186 



AbUrVISTKATION OF OOVEKNOR PKA.NRUK. [1770 



In Testimony whereof I have caused the Great Seal 

of tlie said Province to he hereunto Affixed at Buding- 

ton the day & year firet aJx)ve Written. 

AiJHented to and ordei^l to he Recorded, 

Wm. Fbankun 

This ordinance having been i-eacl & Compared in 

Council, is Consented to 

Stihung. 



atioa on the nbject was vtMOted.—FUld't Provimietat OomrU of JAsw Jtrtep, Ut. 
Tbfl Clovemor Ihtui took llie atlvln* of hte C<>unrtl on to litai |xnrar to ertabltsh aod 
roffttlate tb* Court by onltnancc. Tfie opinloa of Richard Stoclrtoo ha« been iilv«n 
(■M antr. p. I^^t. Another Councinor, John Stevrnti, nTot<' U> Uie GoTemor, at UU 
rMpMtf, under date of March 80. 17TU. u, folIowH: " I am nf oplnloD that a Oonrt of 
(?hancor>- tn thb Province is nniulidtc. and that it oiiRht to bt^ kept open, but thai 
at tliitt Thiii^ ami ever ninct' thv ymir ITMi, thi> Court, hns nut Uevn htilil on a proper 
etttabli5hmrat. aa no Oitlluance for rn-ctJn^ naitl Court, or quatlAcatlon of the Chan- 
cvllnm appeam. I thoreforp wltJi submiarimi, advltie that the OoTenioranil Ccmncil 
do form an Ordinance for th<r Eaiabliahment of tlit> Court of Cbanoerr. to conal*! 
of his Exoellenuj', the (Vivrmnr, with mcb of ibe Council t^n* others a« ahall be 
thought proper or fit Uuf Tor thu Trust, and that iheyall take the nfinnwirj qtiiH 
flcntton for Ibr due dlscbanr? of thi-lr duty; and that everv step may be taken lo 
kIto auUioHly and pcnn&neuw to the ITourt I wuiUd pnrpose that a fall stale o^ 
the Cowrt of Chancery, sstoihe manner In wlilchithB<i lieeo from tiiuetotlm** li*flil. 
hf inriile onJ trniiMullt-J to our Mont (Jnu'fout Sovi-n-Jifn for hin furtbt'r Inntnic- 
tlons U) the (ilOTvmor with rt-jcard to hia wllland p>aimre therein.''— .V. V. Orn 
ami Bitpg. Record, Octolwr, IBM, li". Tho outcome of thia morpmcml wn* the 
above Ordinance, which remained tn force until the n^loptlim of the Constitution of 
July 2. 1776. which omtlnued the Oovemoraa Cliancellor. and It to remained until 
181 1 . Sonic uurloiu Information re{;ardUiK the New jL'nte>y Court of ( 'hAnt*ery will 
1>c foimd In the Annual Law RefflKter of the tTniti^ Staten, by AMIllam Orifflih. 
BurllnfftcHi, ISS, IV'., 1183. In Oalonla) tlmiM the Court wait alwayH riewed with 
jealoony, Inoamuch oa It wa« [iide|>eudenl of tlie |>e<>ple, and TMti^l too muvh 
power fat tlie O^vwmor. on Chancellor The New York AHwmhIy rfpeateilly ex- 
pivaaed hofltlllty to iL-Smith'B Higtary of .Vnr Vuf-Jt , fdition of 1814. dRO, a8&«: 
Work* vf H'itliam U. fUicard, H., 65; Journal* of ^cu- York I^-gitlativ« CoundU^ 
fiffihi. In Pennsylvania, at the requifrt of the AH»em1ily, Ueutenant-Oovomnr Keith 
efttablis)ied a Court of Chancery, by ordlnanoe. cousistUig^ of bluuielf and bin C'oun • 
L'll.— Pmn ArrfiitVM, I.. 171; Proud'4 HiMt. Pttnntrylvania. U., 151V8 The Ajweni- 
tly ^if IT^M udopteil an able and Injfenioiui AdilreiM, pulnlinK out the ribjectloiih lo 
ihiiBivunbllshinKnnd malDtalninff^aCourt inde{»pnilent of that body. - /Vitn OW. 
RetortU,l\'..'J^-9St, 4I-fl. Thia mi^iuorlol niwt elTtMllvf, foi* IVoud myK (iir niipm. 
I*. nnt*>: "Thta t.'onrt of Chancery afterwartU. In Ooremor Oordon** time, came 
to be L-unatdun-d oh ho givnt a nuJiuuice, thut it wait, Uterefore. then imtlfdy liUd 
aalde."HW. N,| 



1770] ADMINISTKATION OP UOVfiUXOil FUANKLIN*. 



187 



Paixlon of John Dodd and David Dodd^ convivled of 
Holing at Horseveck. 

[fntn Book AB of Commtaiioiu. Sacreury or fttete's Office. TrcDton, fd. SD.1 

George the Third &c. To the Sheiiff of our Coun- 
ty of Essex and to all pei-sous whom it may Concern 
Greeting. WhentL^i John Dodd & David Dodd of our 
County of Essex in our Province of New Jei-sey, at a 
Court of Oyer and Terminer and General Gaol De- 
livery lately held at Newark in & for our said County 
of Essex were sevei-ally convicted of aiding & Assist- 
ing in a riotous manner to Erect a certain Building of 
Loggs, calleti a Sti-ong hold, or Ciaol, at a place called 
Horse Neck in our said County of Essex' & other mis- 
deineanoi'S hy tlie disturhaiices of our peace in the sd. 
County for which sd. Clinics the srl. John Dodd & 
David Dodd were by Sentence of our sd. Court con- 
demned to pay certain Fuies and suffer Imprisonment 
viz: the one for four Months and the otlier for three 
lonths, and the sd. John Dodd & David Dotld are 
now Connned in the Common Gaol of om* sd. County 
in Execution of thesd. Sentence. And Whereas the 
sd. John Dodd & David Dodd have by their humble 
Petition Acknowledged tlie Justice (tf thi* sd. Sentence 
and Solemnly promised to condut^t themselves for the 
funu:e as Dutifidl and Ijoyal Subjects, and orderly 
Menibeis of the Comnninity and have supplicattnl our 
trusty and welbeloved William Franklin Esq. Captain 
General & (Jovernor in Cliief of our sd. Province, that 
they may be released fron> the said Imjjrisoument, 



' HorMiicck, DOW (.'aldwell. The riot iru iloubtloKB one of the outbruiks aiiaiuut 
Um lAwyen rofrrred to In Uovemor FratikUn's eiwech to the Leptlature, lelven 
■borm. 



188 APMINISTHATION OF (iOVERXOn PnANKMK. [177f> 

Now Know Ye that We of our special Grace Clemency 
& Compassion have pardoned & released and by these 
presents do pai*don and release the ad. John Dtnld & 
David Dodd from the bU. Sentence of our Coui*t ko f;ir 
as relates to the Imprisonment of their persons, they 
paying all due Fees to the Officers of our sd. Court 
and others. In Testimony whereof We have Caused 
tlie Great Seal of our sd. Province of New Jei-sey to 
be hereunto Affixed Witne^^n dbc. dated at Burlington 
the 31 of March A. Dom. 1770. 

Pettit. 



Rej^rscnfation of the Lords of Trade to the Kznrf^ 
recommend iu(f the diaailowaitve of an Act of the 
New Jersey Assemf)Ii/ relative lo the CommoH_ 
lands of the township of Bert fen, 

LFrom p. a. O. a T. Now Jrrai^. VoL ir. pftRC tfin.) 

WHITKHALL. Apkiu. 11. 1770i 

To the King's mast Excelkait Majesty. 

May it plenae Your Majesty 

We have had under our considenition an Act passed 
in Your Alajestyw Colony of New Jersey in NovemlK^r 
17ti:», intituled, 

*'A Supplementary Act to an Act intituled an Act 
** ap|)onitin^ Commissioners for firmlly settUng and 
** determining the several lights titles and claims t^» 
' the common Lands of the Township of Bergen; and 
"for making partition thereof in just and equitable 
** proi>in'tions among those who shall he adjudgM by 
" the said CommL^isionei's to be intituled to the same;*' 
whereupon we humbly beg leave io represent to your 
Majesty, 

That this Act is passed with a Clause 8Ub]>ending its 



1770] AbsriNlSTRATiOJf of dclVERNOR FRANKLIN, 



189 



execution till September next, and is supplementaiy 
to the Act for dividing the Bergen Common; the Oc- 
casion of tliis Act is set forth in the pi-eamble and 
Your Majesty^s Governor of New Jersey in his l^etter 
accompEiuying the transmission thereof states that the 
Ciit:umstances of the Case make such an Act abso- 
lutely ne<:essary; inasmuch as the claims of the sev- 
eral Paities who conceive they have a right to a share 
of the Commons allotted to the Secaucus Patent, ai^ 
of so various, complicated & intricate a nature, that it 
is impossible they should l>e ever settled in the ordi- 
nary coui*se of Law. 

In answer to this observation of Your Majesty's 
Governor we have received a Petition from William 
Bayai-d Enquire of New York (Copy whereof we hum- 
bly beg leave hereunto to annex) setting foiih, 
ainotigst other matters that in right of a Patent of the 
Island of Secaucus gi-anti^l the I*»*^ of Dec- liuts to his 
Grandfather Nicholas Bayard and Nicholas Varlet as 
joint Tenants and conftrmed to them by Governor 
Carteret on the U^V of Octolwr Ui*i7, he had claimed 
before the Commissiouei's f appointed under the Act to 
which this refere) an Allotment of the said t'ommou 
Ijands of the Township of Bei'gen; That sundry other 
IHjrsons, claiming the said common Lands in virtue of 
a Sale from the said Nicholas Bayard of the said Is- 
land of Secaucus, did some time since commence a 
Suit in the Supreme Court of Judicature of the said 
Province against the Petitioner for recovering the p«)s- 
sossion of the said Lands; and that the Petitioner 
having caused a defence to be made in the said Suit* 
and the said Cause having been brought on to Trial, a 
sj>e<-i;il Veniict was found therein, which having beeu 
solemnly ai-gued before the Judges of the said Court, 
they weiv rea*ly to give their Judgment in the matter; 
That in the meantime advantage liad been taken of 
his aliseuce from the Province to obtain the above 



100 APMINIflTRATIOW OP OOVERJfOR PRAVKLIK. fl770 

supplementaiy Act for tlie purjwse of removing this 
Question of Right which is entirely of a private nature 
and a mere |wint of Law dejjending l)etween Individ- 
uals, fit)ni the ordinai-y com-se of Justice, whoi-e it 
has heen brought by themselves in a regular Course 
of FixKredure to a new ei-ected Court of Comniiasioa- 
ers, whose determination is to be final; thereby de- 
priving the Petitioner of his legal right to the .Judg- 
ment of the supreme Court of Judicature and of his 
Ap[>eal from tlienca if necessaiy, for which reai=ions 
amongst others, he humbly pmys that Intercession 
njay be made with your Majesty to prevent this Act 
fi'om passing into a Law. 

In addition to tlie above objections, it does appear 
fix>m the minutes of Your Majesty's Council for the 
pro\nnce of New Jersey that a Petition addressed to 
the Governor Council and Assembly of the said Pro- 
vince and signed by the said William Bayard Esq' 
was exhibited in Council, on the IS'.** of October 17<U», 
setting forth that a Suit was then depending in the 
Supreme Coinx of that Province, respecting ceiiain 
Lands in the Comity of Bergen included in tlie Patent 
of Secaucus in which the Petitioner was defendant; 
and He being infoi-med that some pereons interested 
themn intended to apply to the Legislature of that 
Colony to pass a Law to elfect a Division of said 
Lands, thereby prayed that no Bill of that nature 
might JK18S that House for the reasons therein men- 
tioned 

Tliis Petition by way of Caveat appearing on the 
Minutes of Your Majesty's said Council, we are hum- 
bly of opinion that as well on that account as likewise 
for th(! reasons assigned in the Petition presented to 
us, this Act should not be allowed to pass into a I^w; 
and when w(» add as a fm-ther and effectual objection 
thereto, that btdng ot a private nature, it is neveithe- 
less a<x-ompanied with a Clause of temporary suspen- 




ind not until such time as your Majesty s 
pleasure shall l»e Known, we thiuk it our duty t<j lay 
this Act iMifore Your Majesty for Disallowance. 
WhiL'h is most hutnl)ly submitted 

HUJ-SBOKOUOH. W". FlTZHERBKRT. 

SoAME Jexvns. Ed. Euot. 




Circular letter from Mr. Poimuill to the Oovernors tit 

t America indoHtng an Act of Parliament rcftpeci- 
ing certain duties. 
IFWhd p. R. O. Americm & Wrat Indk^s, Vol. 974 .| 
Whitehall U"- April lTTi» 
To all the Governors in America 

I am dii-ected by the Earl of Hillsborough to send 
you the inclosed printed Copy of an Act, assented to 
by His Majesty on Thureday I;iHt, for re|>ealing so 
much of an Act made iu tlie "V* Year oF His pi-osent 
Majesty for j^ranting certain Duties in tlie British Col- 
onies & Plantations in Anieiica &c^ as relates to the 
Duties upon Glass, Red Lead, White Lead, Painters 
Colours Paj)er (Sec, & am &c; 



J POWXALL. 



^^jetter finm Governor Franklin to the Earl of llilla- 
^H Ihtrongh relative to various matters of public 
^H interest. 

^^^^L rt>VDm p. B. O. ami West Indies, Vol. 175 (108). | 

^^^" BuRLixoTON, New Jersey, April ^isT 1770. 

^ The Rt Hon*'!" the Earl of Hillsl>orongh 

^£y Lord, 

^p 1 am honoured with your Lordship's Lett^re N? 21, 

^2, & 23.— 

The Mandamus. apiK)inting M' fttepheu Skiiuiei' of 




192 



ADMINI3TUATI0K OF nOVKBNOK PBAN'KLlJf. 



1770 



the Council in this Pt'ovince, was inclosed in N* 22; 
of which I have acquainted Mr Skinner, and he will, I 
suppose, be sworn and admitted at the next Meeting 
of the Council. 

Since my last Letter to your Lordship, 1 have l)een 
undei- a Necessitj- of calling another Meeting uf the 
Assembly, on Account of some dangerous Riots which 
happened in the Counties of Monmouth and Elssex. I 
need not tit>ubie your Loitlsliip hei-e, with a Recital of 
the Pai'ticulars of them, as you will see them fully set 
forth in the Minutes of the l*rivy Council for Fehniary 
last, and in my Speecli and the Addi-essesof the Coun- 
cil and Assembly contain^ in the Legislative Council 
Minutes sent hei*ewith. I have, however, the Satisfat^- 
tion t'O acquiiint your Lordship, that by the timely and 
spirited Measures which wore taken, the Riotors are 
entii-ely qucll'd and hutnbled. S*»me of tlu' princiixil 
Ringieadei-s of them in the County of Essex have been 
conviftwl and punished, and those in tlie County of 
Monmouth will pii^bahly sliart' the same Fat«? at tlie 
next Court of Oyer and Terminer. Tlie County Court 
was held tiiere last Week witlumt the lea-st Interrup- 
tion from any of the pivtouded Sons of Libtnty, who. 
indeed, api)eareil very humble and dispirited. — I should 
have sent your Lrt»rdshipaii Account of these Tmnsac- 
tions sooner, but that I did not leceive from the Sec- 
retary the Copy of the Minutes till Yesterday, owing 
I believe to a Hmry of Business at the Office. 

Tlie Votes of the former St'.ssion of Assembly aiv 
just printed, and, with some Acts j)assed at the last 
session, are sent hei*ewith.— The Act for providiutj u 
more effectunl Retuedy ngaitist exclusive Cftsts in tht 
Rnovery of Debts uiuiet' Fifty Fountlsy it is expected 
by the Council and Assembly wnll put a Stop to all 
Pretence of Clamour against the Lawyers and Sheriffs 
in this Pmvince. 1 refused a Bill »;f a similar N'atniv 
to this at a former Session, as it was not only judged 




lYYOj AOMIN ISTBATIOX OP QOVRRKOR PIIANKLIN. 



10^ 



inadequate to the Piiri)Ose. but as it had a Tendency to 
injuie the Clerk of the Supi'oiiie Coint, who holds his 
Office by Patent under the Ci*own. However, as the 
Bill was afterwaixis altered so as to obviate the chief 
of ray ejections, and the Clerk declared himself satis- 
fied, I gave it my Assent, tho' I have my Doubts 
wliether it will prove so satisfactory on Trial as is 
exjiect^. The other Acts are of a usual Nature, and 
need not to be particularly mentioned.— 

Your Lonlship will see by the printed Votes, Pages 
78 & .s4, and by the Measiiges enclosed, that the As- 
sembly are pressing me to give up the Appointment of 
(.'onmt'rs^' and to let them for the future be entiivly 
elected by the People, as in the C'ountica in England. 
The Attorney Geueral, M*^ Cortlandt Skinner, who is 
likewise 8i>eaker of the Assembly, gave me his Opin- 
ion in Support of the Claim of the House, which is 
inserti^d in the Minutes of (.'ouncil sent you with my 
Letter N? 21; and your Loi-dship will see my Objec- 
tions in the Messages sent herewith. I expect to be 
again press'd on this^ Subject at the next Session, and 
should thei-efore be glad to be hononred with His Maj • 
esty*s Commands respecting it. 

The Privy Coimcil Minutes during the last Session 
are Copying, but being very bulky will not be com- 
pletecl in Time to send by this ilppoctnnity. 
I have the Houoi- to be. My Lord, 
Your Loi-dships most obedient & 

most humble Servant 
W? Fbanklin 



otiAiiKi* WAR niAile iu llic nxiiincr of I'luxiHlaK oronera until the afIo|>tion of 
VMistiiiiiUm uf Jiily J^ li7U. hk-cUoi) XUl uf Uint iristniuirut pruWiled for the* 
•nnual Ht'ritnn of ooi* or more coroner* tn each county. 

i:i 




194 ADMINISTRATrON OF OOVERNOIt PRANKUN. | 1770 



Ooi^emor Coldenl't Commission to John De Noyedes 
and William Wickham as Snmeyors of the boun- 
dary line between New York and New Jersey, 

(Troia M. T. Oor. M88.. In 8ec*y of 8t*te'i Offloe, Alltauy. tul. XCVl. i^ m, 87.) 

By the Honourable Cad wallader Golden K^uire 
his Maje^sty's Lieutenant Governor and 
Conunandei- in Chief of the Province of 
New York and the Tei'ritories depending 
thei-eon in America 

To all to whom these presents shall C4)me 

Gi^eeting— 

Whereas John De Noyolles and William Wickham 
Esquires by their Humble Petition presented Ui and 
read l>pfon> me in Tonncil on WedneH<iay the ninth day 
of this Instant month of May did set forth that the 
a^^ents appointed by tlie Colony of New Jersey for 
mana^ng the Controversy respecting the Division 
l^iiie lietwwn that Colony and the Colony of New 
York having signified then* Willingnosa to s<^ttl<? the 
Controverey in an Amicable manner and that the 
Genei*al Assembly of the Colony of New York approv- 
ing of such a Method did desire the agents appointed 
on the part of New York for managing the said Con- 
troversy together with the Committee of Cont^s- 
p:>ndence and M' D Noyelles to consult with the agents 
of the Colony of New Jei-sey on the most saluti\ry 
Meifiures to be pui-sned for the settlement of that 
Line: ITiat several Confeit^nces have Uvn hiul and a 
Phin for the final settlement of the said Line has been 



u 



cr 
ve 

Pth 
Yi 

I' 

m 



.770] ADMISISTRATIOK OP OOVERKOR PBANKLIN, 195 

lupon; which plan if a^i-eed to by the Ti^isla- 
tureK of the respective Colonies is to be Laid before 

is Majesty for his Royal approbation. That the bet- 
t^^r to carry the said Plan into Execution it was es- 
teemed absohitely nece«siiry that several surveys 

u>nld be made and that James Parker John Stevens 
and Walter Rutherford or any two of them on the 
Part of New Jei-sey, and the said John De Noyelles and 
William Wickhani on tlie part of New York were ap- 
pointed by the said Agreement to see the said Surveys 
I^erforined and further that the Petitionei-s had been 
informed that some of the inhabitants in the County 
of Oranf^e intend to prevent the said Surveys being 
madt; and thei'efoi'e pi*aying that such aid and assist- 
ance might be given them in the premises as may be 
just and reasonable. Know Ye therefore that by and 
with the Advic<j and consent of his Majestys Council 
for the siiid Province I have Huthoii/od and empow- 
ered and by these presents do authorize and empower 
tliem the sjiid John Pe NoyelJus ami Wilham Wick 
ham in Conjimction with all or any twu of them the 

id James Parker John Stevenson and Walter Ruth- 
crfoixl on the part of New Jersey to cause su<h Sur- 
veys to lie made and performed as they shall Judge 

ecessary in oitler to caiTy into Execution the Plan 

as aforesaid agi-e^xl upon for the final Settlement of 

lie said Division Line between the Colony of New 

York and the Colony of New Jei-sey; hereby strictly 

quiring and commanding all Magistrates Justices of 

e Peace C-onstables and other his Majestys Officers 

f and in the said Count}' of Orange to be Diligent in 

Suppressing of all tunnilts on the Occasion, and by all 

wful ways and means to be aiding and assisting in 
he Premises to the Persona so authorizetl to make 
Such Surveys as aforesaid. 

Given under my Hand and Seal at Arms at Fort 

eorge in the City of New York the sixtt?enth day of 




ll»n 



ADMINISTRATION* OF OOVBRNOR FRANKLIN. [177< 



May in the Tenth Year of Hib Majestys Reign and in' 
the year of our Lord one thousand seven hundnnl and 
seventy. 

Cadwallader Coldex 
By his Honoui-s Command. 

Gko Banv.vk, D Se<'i7. 
A true Copy of the Record Exaind this :ir* May IVTi 
By nie — 

Geij, Banyar D Secry. 



Order of Cou7icil dlsalloiving an Act of the Nei 
Jersf.y Assf^mhly for .HfrikiiKj £1oO.(H)ii ht Bills nj 
Credit ^ and an Act regard i7tg t lie ounmau htnds 
in the township of Bergen . 

IProra P. R O.. B. T.. New Jorarj-. Vol. W. L. W.| 

At the Court at St. James's the G"* Day 
June, 1770. 

Present. 
The King's most Excellent Majesty in Council 

Whereas by Commiasion under the Great 8eal of 
Great Britain the Governor Council and Assembly of 
His MajestyV Proviiuv of New Jei*sey, are author- 
ized and empowered to make Constitute and ordaii 
Laws Statutes and Onlinanws for the Pnblirk Peiw* 
Welfare and Goo<l Government of the said I'lnvincci 
which Laws Statutes and Oi-dinances are t-obo as neui 
as conveniently may hi^ jigreeable to the I^ws and 
Statutes of this ivingdom; And are to Ijo transmitted 
for His Majestys Royal Approl>ation or Disiillowance;J 
And Whereas in pui*suance of the said powers an act 
was passed in tlic said provintx.^ in the Yt^r \7i\U andj 
transmitted, Entituk-d as follows Viz' 



1770] ADMINISTRATION OF OOVBBNOE PRANKLIN. 19t 

All Act for Strikinfc one hundred thousand pounds 
in BUls of Ci*edit' 

Which Act together with a Repivseutation from the 
Lords C*onHni88ionei*s for Trade and plHiitations thoi*G- 
npon liaving heen referred to the C'onskleration of a 
Committee of the Lords of His Majestys most Hon- 
ourable pi-ivy Council, The said Lords of the Com- 
mittee did this Day Repoi-t to His Majesty an their 
opinion that the said Act ought to be disallowed His 
Majesty taking the same into Consideration was 
pleased witli the Advice of His privy Council to de- 
clare his Disallowance of the said Act, and pursuant 
to His Majestys Royal ])leasure thereupon Expressed 
the said Act is hereby diwiUowed declared Void and of 
none Effect— Whci-cof the Governor or Commander 
in ('hief of His Majesty's said province of New Jeixey 
for the time being and all others whom it may con- 
cern are to take notice and goveni themselves ac- 
coixiingly 

Like Order with the afoi*egoiug was issued for dis- 
allowing An Act passed in the province of New Jei-sey 
in the year 176ii Elntituled 

A Supplementiiry Act k) an Act Intituled an Act 
ApjKiinting Comniissioners for finally settling and de- 
termining the several Rights Titles and Claims of the 
Common Lands of the Townsliip of Bergen, and for 
making pai-tition thereof in just and Ecpiitahle propi»r- 
tions among those who shall be adjudged by the said 
Commissioners to be intituled to the same. 



• Joseph OaQovay vrote. June SI. 1770. to hb friend BenjanUn Franklin: " I am 
Ktmily «un>rL>«i^l nt tlii* irniHlmrt of tlir \fIiniiilHtratinn, in tvUitlon toth<; New Yurk 
and N-**r Jer5''y potior mfinuy bill*. The rpiwonw oswiaTied for their rejection are 
really HtlictilniiK, oDd ran be oco.iuntpd for od do oUier ground, than that they aru 
'If-UTniititHl ifiH Amerii*ain* -tholl not have any paper nuKDuui nl all. • • • 
A farmer pledtfiv tiUt laud to the K<>veminenc, and takes paper. Wlien he camea 
to rvdeem his pledjroi cmglit he not to return the paper, and oo^ht not the govern- 
[ to lie obliged to receive it intlii<elmixeuf Uieland y'—Rntnktiii'» WarkK. Vn._ 
This iB a fair sample of the view taken of this measure iu the Coloolet 



198 ADMINISTRATION OP GOVERNOR PBANKUN. [1770 



Letter from the Enrl of Hillsborough to Gov, Frank- 
Hn, Complimenting the Governor and Council of 
Neiv Jersey. 

(From P. R. O. America and West Indies, Vol. 108.] 

Whitehall, July 6^, 177(». 

Grovernor Franklin. 
Sir, 

I have i-eceived your Dispatches of the 28*?" of April 
last, and having laid your Letter and such of the 
Papers as it refers to before the King, I have received 
His Majesty's Commands to communicate the Laws to 
the Board of Trade, together with an Exti-act of that 
part of your Letter, which contains an observation 
upon the Act for providing a Remedy against exces- 
sive Costs 

The Zeal & Activity of the Council and CivO Magis- 
trates to suppress the dangerous Riots in the Counties 
of Monmouth and Essex ai-e highly commendable; 
and it is to be hoi^d, from the account you give of 
their effect, that you will have no more trouble on 
that subject. 

The King sees with satisfaction the prudent Answer 
you gtive to the Solicitation of the Assembly in re- 
spect to the Appointment of Coronei-s; for though it 
is very much to be wished that the (Monies should in 
all things conform as near as may be to the Usage 
and Practice in the Mother Country, yet you was cer- 
tainly well advised in refusing to assent to such an 
Alteration in the Constitution of New Jersey without 
His Majesty's Directions for that purpose. 

I am &cr 

Hillsborough. 



1770] AOMINISTBATIOX OP GOVEKKOU FEAKKUN. 



109 



^^iepresentation from thu Lords of Trade to the King^ 
^m relative to'An Act regulating the practice of the 
^M law in Neiv Jersey, 

^^^H irrara r R. O., B. T., New Jerwy, Vul. IT. |>. &%.] 

^^H Whitkhaix. July lif)'", 1770 

V To the King's most Excellent Majesty. 

^Ufai/ it plMiae. Your Mitje.sfi/f 

H We have had tinder our consideratiou an Act passed 
in Your Majesty's Province of Now Jersey in -liinc 
17ii5, with a Clause susi>ending its execution until 
Your Majesty's pleasure is Known intituled 

^K "An Act for regulating the practice of the Law, 

^^*and other purposes therein mentioned." ' 

We have also a^nsulted M- Jackson, one of Your 
Majesty's Counsel at Law, upon tliis Act, who has re- 
ported to US, that it contains sundry innovations in 
the Laws of the Province without sufficiently stating 
the inconvenience the remedy of which is intended, 

■and in as much as ahove five Years have now passed 
vithout any application in its support notwithstand- 
ing the intimations given by the Governor that the 
•Assembly would instruct the prt»vincial Agent to so- 
licit it who if such ivasons liad subsistetl would prob- 
ably have been enabled to supply them he therefore 
c<mceives this Act is not fit for Your Majesty's Ap- 
^^rolwition. 

^F For these Reasons we humbly beg leave to lay this 
Act before your Majesty for Your Majesty's Royal 
Disallowance. 

Which inmost humbly submitted. 

HlU.SBOKOUGH, W? FiTZHERBEBT, 

En: EuoT, Grevim.k, 

RoB"^ Spencer. 




le aooondABOe wfth this rNommeiidatlon tbe Kln^ In Council lUsallowfd the 
•abOTO Act. I>aeemberft, Vno.—Jt, J. Analytical Index, 417. 



200 



AI}UINI8TKATtON OF OUVtSBNUR FRANKLIH. [1770 



Letter from Govermtr Franklin to the Earl of Hilh- 
Iforoiiyh, relath^ to llw displenaure of the Assem- 
bly at the disallon^nce of the Paper Money Act. 

(From 1' H <>. America atui West Indlm, Vol l'a(IIB) ] 

Pekth Amboy. Sept/ 2i>^ !77o. 

Rt. Hon'ble the Earl of HilLsborcmgh. 

My Lord, 

I am honouretl with your Lordship's Dispatches of 
June 12'!' and July t>*"~Thc Royal Disallowance of the 
P;iln*r Mouey aiidSecaucus Acts I have coinnuinic:ated 
to the Council and Assenihly who are no^v Sitting at 
this Place. The Members of the Assembly I find are 
givatly displeawd at the fijrnier Act not being coii- 
fijnied, a.s they thought thoy had obviated every Ob- 
jection, and fully complied with His Majesty*s Direc- 
tions, contained in the Order of Council of the iJrt"' of 
May I TOO.— It was never im:igined here that so exten 
sive a Consti-uctioii would l»e put ui>on the Act of Par- 
liament for mstraining paper Oun-encies in Amenca, 
as that the Money should not even be a Tender to the 
Loan Oihces that issued it. If tliis hat] be^'u known y 
here the Assembly would not have attempted to jxisg dH 
an Act for Striking Paper Money; for it would have 
been the Height of Absurdity to exj)ect that any per- 
sons would mortgage their Estates to the Loan Office for 
Money which they could not afterwaitls t>l>lige the 
Office to i-eceive again in Discharge of their Moi-tgagen. 
What, they say makes their Case the hanler, is, that 
the two Proprietary Govern rnents of Pensylvania and 
Maryland have had fur some Years* past, and at this 
very Time, a oonsideralde Sum of piit»er Money circu- 
Lating. which, tho' not a legal Tender in connnon Pay- 
ments between Man and Man, is neverthfless a Tender 
to the Ti'easuries from whence it issueti; and that the 



Acte passed in those Proviii<res for this purpose, tlio' 
transmitted regularly from time to time to His Maj- 
esty, have never been disallowed. — But what gives me 
particular Coucorn is, that I am uot without Appre- 
hensions that a Party among them ^nll take Advan- 
tage of the 111 humour, occasioned by theii" Disappoint- 
ment in tins respect, and prevail on the Assembly not 
to grant any Money for the Siip]x>rt of the King's 
Troops stationed in this Province; which would, in all 
Prol>ability, have been the Case last Year, if Expecta- 
tions had not been given them of a Paper Cuirency to 
enable them to do it in a Maimer easy and agreeable 
to the People. — As it is now only thi^ Beginning of the 
Ses.sian it is imjwssible tt) say what will be the Event, 
but His Majesty may rely upon my iktiiig all in my 
Power to bring them to a l>etter Temper and a proper 
Sense of tlieir Duty.' 
I have the Honour to l>e, with the greatest Respect, 
My Lord, Your Lordship's most ol^edient 

humble Servant 
W^ Fkanklin 

P. S.— Enclosed is a Copy of my Speech, at the 
Opening of the Session. 



Lettvv from Gov. Franklin to the Ear! of Hitlsbor- 
ongh„ annonnciny the Action of the Asi^emblf/ rel- 
ative to provision for the snppty of t fie troops, the 
appmntnient of Barrack Masters^ etc, 

tPVum P. B. O. AiiicHcA aiul Wesi Indk-«. Vol. ir5O0a>.| 

Burlington Novf n*^' i77o 
J^ Lardy 

I did myself the Hommr to write to your Lonlship 
on the ^9^^ of September last, informing you that 1 



* l/ml Hlll.ii>nraugli mpUH NnvemtHT 15, I77II. aD<l stated Ui«t be bad laid thle 
Idler before the King.—^. J. Anaiptical Index. 417. 



302 



AOMINIBTKATION OF OOVKRNOR FIUNKLIN. [1770 



was then there holding a Session of General Assembly. 
The Session lastwi till the 27*'' of October, during 
which nothing of much ImiM)rtanct^ ha|)|>ened, except 
that the Assembly, in Resentment for tho Royal Dis- 
allowance of the Paper Money Act, and as instructed 
by many of their Constituents, did actually come to a 
Resolution after a considei*able Debate, ** That no far- 
"' ther l^rovision should be made for the Hupj>]y of His 
" Majesty's Troops Stationed in this t^olony." 

However, upon my talking the Aifair over in pri- 
vate with some of the loading Memboi*s, and repre- 
senting the ill Consequences that would probably en- 
sue to the Province from their Refusal, I at length 
influenced thorn to resume the Consideration of the 
Matter, and to grant a Sum sufficient for the Supply 
of the Troops during tlie Winter. The Sum they 
have granted is Five hundred Pounds CuiTency, 
which, as Pari of the Filing is alrea^ly pnwidetl, I am 
in hojies will l>e enough to fumish all the Necessaries i 
reiiuired by Act of Parliament till the latter End of' 
April next;' at which time they must be calle<i again 
to make a faitlier Provision. The Assembly have 
now left the Api)oiutnient of the Barrack Mastei*8 on 
tiix?ly to the Governor, and have made the Money li- 
able to be drawn out of the Ti^^isury by Warrant from 
the Governor and Councib — two Points which hefQre 
they never would a(!<:ede to. The Province has, m- 
deed, been greatly im}K-)seil upon, and defi-aiukxi, by 
the Barrack Masters nominated by the Assembly: 
But now that they have put a Coutidence In Govern- 
ment it shall be my Endeavour to convince them that 



* Tho ftct was paaoMl October 11?. 1770. U nppolnt4»d tbr fnllrnvint- pnrvons " lo 
ttUtP care of the aeviTal BairavkH and kifjithfni in ni.*cfHKiir> Krimir. u> wit, Kd- 
WArd Thomuat KUsabt'th Town, [it-iidi-ick Fwht-rat New-bruiuiwluk Siiniiii>l Snr- 
Jpnt at Prnli Amhoj, Ahrnliam lIutiLiit Tn'titon. and Duth'l EUU ot BiiKlnt;loii.** 
The former Burnick-Maston verv allreottHl to dellverto paniiiiiN U> bi* luutu'd by tha 
Qorenior Llifnri(''l<-s boiwht Tor tb« Irooiw, but not umhL— ^H^ntfOH'j Latw, MOkj 
An<l nev N. J. ArohWe*, IX., ^70. 




^Kftf 



is properly placed, and for the real Advantajje of 
the Piihlick. A Copy of my Message U* tlaeiu ou this 
Head, and their Answer is enclosed. — 
The Minutes of the Proceeding!? of the Council and 
isenihly, and the Acts )>assfid, ate n<»vv C*opying, and 
shall be transmitted to your Loi-dship by the first Op- 
portunity. 
^^ I have the Honor to be, with the greatest Respect, 
^B My Lonl, Your Ixuxlship's 
^H most oliedient, & most humble Servant 

^^^^^ W? Frankun 

^^nJe^age from the Grovr to the Assembly of 
New Jei*sey a)K>ut fimnshinjL!^ the TnK)]».s 
with Necessaries — And the AsseinblyV An- 
swer. Octr 1770 in Grove'' Fi'anklin.s of the 
5"* Novemb' 

, A Message from the Governor to the Assembly 

^H I am greatly suqunzed & concerned to find l)y yom* 
^Minutes thatyon liave ivsolved ''That no farther Pro- 
" vision be made for the Supply of His Majesty's 
*• Trooyis Stationed in this Colony." As by this Reso- 
lution you refuse to comply witli a Requisition made 
to you Ijy express Onler from His Majest>*, founded 
on tlie highest Authority, there c^u be no Doubt but 
that it will, if adhcivd to, l>e attended with very seri- 
ous consequences to tlie good Peo[>le you rejireseut. 
If thei-efore, it was not my Duty as Governor, I should 
as a Fnend. and one wh** lius very sincerely the In- 
terest of the Province at Heart, recommend it to you 
to resume the consideration of this Matter, and grant 
the Supply required. Should you, however, after all de- 
termine to abide by your present Resolution, I must de- 
sire that you will furuisii me with your Reasons in as 



plain^ full and exi>licit a Mauner as possible, to l)e 
transmitted to His Majesty, that he may know from 
yoiu- own WoihIh, and not (roni my liepivsentation. 
the Motives of your extraoi-dinary conduct. 

W? Frankun 
Octr:25, 1T7U 



The AKsemhly^s Answer. 
Orderetf 

That M' Berrien and & W Price do wait on His Ex- 
cellency, and, in Answer to His Excellency's Message 
of Yesterday, inform him that the House, agreeable 
t(.» His Excellency's Request, have re8un]e<l the con- 
sideration of Supplying His Majesty's Troops. Sta- 
iii tried in this Colony, with Necepsaries, and apret*fl to 
make some further Provision for that Purpose; altho' 
they cannot but esteem it a Particular Hardship that 
this Requisition should be renewed at a Time when 
they are denied a Loan Office Bill, framed, as is ap- 
preheuded* on the most reasonable Principles, thereby 
deprivetl of all Means of complying with the Royal 
Requisition without introducing new Taxes on a Peo- 
ple already giievously burthi^ned by their Zeal for His 
Majesty's Service dm-ing the late War, and sinco, 
which has incurred a very heavy Debt on the Colony 
and nearly exhausted the Ti-easury. That they have 
ah\iady expended very large Sums that the Peace of 
the Coloiiy might not be interrupted, and have lxH»n 
inducefl to com[)ly with His Ex(.vlU*ucy'8 Requisition 
at this Time, in Hopes that they shall not be hci-uaft^r 
called upon for furiher Aids, iuid to request His Ex- 
cellency would be pleiised to use his lutinence that 
this Colony may be e;ised of a Burthen so excessively 

grievous. 

By Onler of the House 



JosA: DEAKEOlk 



Octf 20. 1770. 



1770] ADMIKISTUATION OP OOVRttNOR PBANKLIN. 



U05 



Proclamation by Govei-nor Franklh}, in rehtfion to 
an assanlt upon John Nation^ Collector at Salem. 

(From PeniujrWanla ArchlveB. IV., 9Sl.\ 

By His Excellency William Franklin. Esq., 
Captain General Governor and Command- 
er in Chief in and over the Province of 
New Jersey, and Territories thereon de- 
deponding in America, Chancellor and Vice 
Admiral in the same, &c. 

A Proclamation. 

Whei-eaa I have received Infomiatioii from John 
Hatton, EfM]., Collector of His Majesty's Customs, for 
the Port of Salem, &c., in the Province of New Jei*sey, 
That on the Eighth Day of November Instant, a Boat's 
Crew, consisting of Nine Persons, fiom on Board the 
Ship Prince of Wales, Patrick Crawford, Master, then 
riding at Anchor near Cape May, armed with Guns, 
and other offensive Weapons, in an hostile manner, 
boai'ded and re-took, from the said John Hatton, a 
certain Pilot-l>oat, late the Property of Jedediali Mills 
laden with Goods, known to have l>een clandestinely 
discharged out of the said Sliip Prince of U'ales, 
which said Pilot-boafc and lier Cargo tlie wud John 
Hatton had on the same Day seized and taken Posses- 
sion of, hy vit'tue of his said Ofliie : And that after 
said Boat's crew had hoarded the said Pilot-boat, they 
most cnielly Ijeat, and dangerously wounded the said 
John Hatton his Son, and a Mulatto Slave, and i-ohlxni 
the siud J(-»!in liatton nf tViur Spanish Dollars, three 
Guns, two Hangei-s, one rifle barrelled Pistol, a Pair 



il06 



AOMIXIBTRATION OF OOVKUHOK FRANKLIN. 



[1770 



of Shoebuckles, and some other small Articles. One 
of the said Nine Pei-sons, who appeared to have Com- 
mand of the said Boafs Crew, was calleti Smith, and 
19 a short, thick, well-set Man, anpposeti to bo l>etweon 
thirty and forty Yeare of Age, and has a fresh cut on 
the right Side of his Head and Face, made with a Cut- 
lass iu the said Affray. Another t»f the said Persons 
is named Hughes, and is now in His Majesty's (Jaol at 
Cape-May. The otlier seven Pei*sons are supposed to 
be Sailors, belonging to tlie said Sbip Prince of Wales, 
whose Names ai^ unknown. 

I have therefore thought fit to issue this Proclama- 
tion, hereby nnpiiring, and strictly »'harging and com- 
manding all Officers, Civil and Militiiry, and other bis 
Majesty's Liege Subjects within tbe siiid Pn>vince of 
New Jeisey, to use theii* utmost Endeavoui*s to seize 
and apprehend the said Offenders, nr nny of them, bo 
that they may be brought to Justice. And I do hew- 
by promise His Majesty's most g:i'acious Pardon to 
any one of tbe Pei-sons concerned inthesjiid Assiiult 
and Robbery, (except the afoi-esaid Smith ) who shall 
inform against and prosecute to conviction any one or 
moi*e of his Accomphces.' 

Given under my Hand and Seal at Arms, at the 
City of Burlington, the Seventh Day of NovcmlK'r. in 
the Eleventh Ye^r of His Majesty's Heigif, Anno 
Domini 1770. 

William Fhaxkun. 

By His Excellency's Command, 

Cha. Pettit. D. Secretary. 

God Save The Kinq. 




• Sfv* alrnt umlor t\aUs ot thm. G. 7, K wul »i, ITM; M.i> I . Jul)' IS, niiil July lu. 
1T7I. In tlUM VLiltime. 



KtOj ADItlNtBTKATlUS OP rUlVEUNOB FRANKLIN'. 20lf 



7\ifO Wnrrantf* for the Ajypnheiistion of John Hattmi, 
Collecior at Stileni, ntnl hi.s slave NciL 

IFrom P. R. O. Amirloa dimI Went In(llf«, Vol. «ra.J 

Wairant For John Hatton Esq 

New Jkbsfa' 1 
Cape May Culnty ) ^*- 

George the third hy the (Irace of Gotl of Great Brit- 
\»^? ^'" France and Ireland King Defender of the 
'.!L!i Faith &c To our Slieritf of tlie County of Cape 
May or the C-onfitahlas of the said County or either of 
them Greeting. Forasmuch aa Jedediah Mills of thi' 
said County of Cape May Pilot hatii personally come 
before Us James W'hillden. Tli"' Ivearning, and Jolin 
Leonard E.s*i" three of his Maj* Justices assigned to 
KeHp the i^eace within the said County of Cape May 
& liath taken a CoiTx^ral Oath that lie the said Jede- 
diah Mills is afraid that Jnhn Hatton Esqr of the said 
County of Cape May will l>eat wound maim or kill him 
the said Jedediah Mills and hath therewithal pi-ayed 
surety for the Peace and Good Bi'haviour against liim 
the said John Hatton Esq!^ therL-t'ore We command and 
charge you jointly and severally or either of you that 
immtHliaU'ly u|)on the Receipt hereof you hring the 
said John Hatton Esq' Foitliwith befon^ us the said 
James Whilden Tli'' Ijeariiing & John I^eonard Es*]'* 
or either of Us to find sufficient Surety and Mainpnze 
as well for his pei-sonal appearance at the next General 
(Quarter Sessions of Our Peace or Court of Oyer & Iktr- 
miner of General Goal Delivery or which ever of said 
Courts should happen to be held first in & for our said 
County as also for our Pe*R*e and Good Behaviour in 
the mean time to Iw Kept toward us and all our liege 



208 ADMINISTRATION OP OOVKfcNOR PRAKKUN. [1770 

People and chiefly towards the said Jedediah Mills that 
is to say that he the said John Hatton Bsq- shall not 
do nor by any means pi'ocure or cause to be done any 
of the said Evils to any of Our said People and esiHJC- 
ially to the said Jedediah Mills. 

Given under Our Hands and Seals this ft^'' day of 
Deer in the IPf Year of the lieign of Our Sovereign 
Lord George the third of Great Britain &c & in the 
Yeai- of Our Lord 17To 

Signed 

J Wkillden 

T, IjEarximo [Lkaminq] 

J. Lkonard 



Justices Warrant For Ned 

New Jkhsby ( (^ 
Cape May County \ 

George the third by the Grace of God of Great Brit- 
. — . jyn Fi*aiice and lit^land King Defender of the 
{^j Faith cV:c To C»ur Sheriff of 'the County of C^iw 
May or the Constables of the said (.'ounty or either of 
them Greeting. Forasmuch as Jedediah Mills of the 
said County of Cape May Pilot hath i^ei'sonally come 
lM?foi'e us James Whilden, Thomas Learning, & John 
Leonard Esq'' tJiree of His Maj" Justices assigned to 
keep the Peace within the said County of Cape May 
and luith taken a Corporal Oath that he the said Jed- 
ediah Mills is afraid that a Mulatto Slave chilled Ned 
by name l>elongin^ to John Hatton Esq' of the lower 
Prei:inct in sai<l County of Cai^e May will IxMt wound 
maim t»r Kill him the said Jedediah Mills and hath 
therewithal prayed sui-ety for the Peace and good 
Behaviour against him the said Mulatto called Ned 
thei-eforc we command and charge you jointly & 
severally or either of you that immediately on the 
Receipt hereof you bring the said Mulatto called 



1T70] ADMIKISTBATION OP fJOTEHNOB PttANKLIH. 



200 



Ned Foi-thwith l»*?foio us the said James Whilden* 
Tho* Learaing & John Leonard Esq? or either of Uk 
to find sufficient surety or Main Prize as well for his 
personal appearance at the next General Quarter Ses- 
sions of Our Peace or Court of Oyer & Terminer of 
General Goal Delivery, or which ever of said Courts 
should hap|>en to be held first in and for our said 
County as also foi; our Peace and Good Behaviour in 
the mean time to be Kept towards us & all our Liege 
People and chietiy towards the said Jedediab Mills 
that is to say that he the said Ned shall not do. nor by 
any means prmruw or cause to be done any of the said 
evils to any of Our said People and especially to the 
said Jedediab Mills. 

Given under Our Hands and Seals this iV^ day of 
Det:*^ in the IP'" Year of the Reign of Our Sovereign 
Lord George the third of Great Britain <S:c and in the 
Year of Our Loivi 177ft 

Ja' Wiiilden 

Th*** Lkaknixg [Leaming] 

John Leonakd 



Copy of a letter fnmi John Hatfon, Collector of Sa- 
lem and Coheti^t/, to Got\ Franklin, dated Dec, 
7th, 1770, com pi a in 7 tiff of the acffoti of Mr, Jas, 
Whilden, Thomas I^'aminif ami John Leoruird, 
Justices at Cape May. 

tFtom P. R. O. America and Wcuct Indies, Vol. 9Q7 fiTQ).] 

I humbly beg leave to inform your Excellency that 
I am again ol>liged to fly from and quit my Office, and 
disti-essed family by ivason that his Majestys laws and 
myactions in executing them as a faithful servant are 
U 



310 



ADMINISTRATION OF <10V£KN0K FRANKLIN. 



[1770 



misinterpreted by these Your Excely Justices at Cape 
May viz James Whilden, Tliomas Leauiingf and John 
Leonaid Esq" who I am infonned could not get any 
others to join them, 

23 NovT— I ai-rived at Cape May from Builington. 
My wounds being so bad prevented me getting there 
sooner. 

24 — I procured Joseph Corsen Esq' to go with me to 
J Jjeonanl, it T: Learning Esq\ wlien 1 gave them 
yom- Excellencys Proclamation to whicli they paid no 
i-egard, and during my stay with them, being about 
two hours, tliey did not read it. 

I likewise delivcj-ed the Letter M' Pettit wrote by 
your Order on the 17* in reganl to bailing my Negroe, 
when they absolutoly refused to admit him to Bail. 

I then went to the Uaol fmm whence 1 found 
Hughes had been let out in order to go where he chose 
to procure himself bail, and without any guard he had 
full liberty to go whei-e lie liked. 

My Negro still close con fined and very ill the Cutt« 
in his sciull being very bad from whence had been 
taken several i>ieces of bones 

In the dead of tlie night I ventureil home found my 
wife as I had been informed, just expiring thro' fright 
for me and her son, well knowing the danger wt» were 
in; and few of my neighbors, tho' I liave several g<x>d 
ones durst venture to come to my house being threat- 
ened witli Hestniction by Hughes or his friends, not- 
withstanding the distress of my family, I was obliged 
to leave home the next night in order to get some one 
to bail my man. 

This night was ass.iulted on the road by some man 
who with a stick struck me several blows in my ami: 
when a Blow with my Whip handle in his head, 
stunned him. tV I nnlc on. 

28 — On my giving Nicholas rftillwell Esq' £2oo se- 
curity he was so kind as to bail my Negro, being well 



1770] ADMINISTBATION OF OOVERKOK FRANKLIN. 211 



acquainted with my ill usage, & the distress of my 
family, a copy of the Bail |)eico now produced justly 
exprasseK it. 

2i) — Got my Negroe from Prison 

Dec' 5 — Mills the Pilot who is advertised with your 
Excellencys proclamation was this day Koing about 
ray neig^hlK»rhood. armed with a C-lub and threatening 
me with destruction. 

6 — I met the said Mills on the Kings road who 
threatened me with his Oluh hut on my putting my 
hand towai*ds my pocket he went off. 1 immediately 
went to James Wliilden, in order to request him to 
execute' justice against the said Mills, as I had some 
days befoiH? lodge<:l a complaint before him, but 1 was 
told he was not at home, tho* he had been seen a few 
minutes before. About six hours after on the same 
day the said Jame^ Whiltlen, Thomas Learning, & J'* 
L^nard Esq" sent 5 men with their wairant now pro- 
duced, who seizeil my man as he was going home 
with a loaded Team, he having been all the day with 
two of my neighbours getting some of my summers 
Crop which had been till then decaying on the ground. 
A few minutes after I was airested on the same ac- 
count as the warrant testifyeth. WTien I first entered 
tbe I'oom Mills was sitting by the side of J" Leonard 
Esq' with the same Club by his side he had in the 
morning— during my conversiition with them in 
which I did not give any one of them an uncivil word, 
the rtjiid Leonaivi expressed liimself, in a very imbe- 
comuig manner. 

I then desired the said Mills might he secureil and 
again repeated to them that he was the Pilot who on 
8' November threatened me with death if I came near 
the Ship to execute my Office as his Maj* Coir and 
likewise that he was one of the men who took away 
the Pilot boat after I liad seized her, and further that 
he was the man who laid hold of my son in the sti'eet 



2Vi ADMIXISTKATION OF OOVKBXOR FRANKLIN. [1770 

at Philadelphia till a mob of Sailors came up when he 
atul they most inhumauly treated him so tliat he was 
t-aken fn)m thcni for dead. 

He atrknowledged the threatning and ol>structing 
me when I was going to the ship, and likewise taking 
away the Pilot boat I had seized, and said he would 
do it again when there was occasion — his conduct was 
not in the least disapproved by the Magistrates preeeut. 

The Magistrates did not regard my C?hai^ against 
him, but on my insisting on Mills, being someway se- 
cured they consented to bind him over to their own 
Court. An Uncle of Hughes, was ready for liis Bonds- 
man. 

Tliey then bound me, and insisted on £2o*i security, 
but they refused any security I could give for my 
Negro which I offered them nor would they allow him 
to stay in the hands of the (^onstal»le till next morn- 
ing; When I told them I would produce them any bail 
they sluMild ret|uire as my friends were at some dis- 
tance, but they ordort^ him immediately to prisou. 

There were present Hughes and his brothers and 
other relations who threatned destniction to any who 
\;ave me any assistance: during the whole time they 
could not produce any one to say that either I, or ray 
Bbive. ever wjts h^anl to um*» the least threatning w<m\ 
against the said Mills or any one else, since my tirst 
coming amongst thetn, the reason they give for bind- 
ing me and sending my Slave again to prison, is, that 
Mills declared my son told him in Philadelphia, that 
his fathers Negro should do foi* him, but did not pro- 
duce any pixK»fs. 

Since my ill treatment on ^^ Novf His Maj* Vessels 
having lx»en very vigilant has greatly ol>structe<l their 
smugUng by wat^'r therefore 1 being so distressed by 
these three Magistrates gives them full lil^erty to per- 
fonn it on ?hore. for I am well assured, A have just 
reason to believe that tltere hatli been & still is several 




1770] ADMINISTRATION OF OOVKRNOR FRANKLIN. 213 

thousand pounds worth of contraband Goods lodged 
on this shore since tho 8"' of November last, which 
Goods they are now conveying by Land to Philadel- 
phia, and have been so during a few days since in the 
o[X^n day to go to my dno»" with a loaded Waggon, and 
men armed with Pistols in their liands challenging me 
to api>ear if T durst, to seize them. 

Mills and the Boat now appear in jnibhc and he bids 
defiance to any. 

These my assertions I can pmve if the Witnesses 
are impartially examined, therefore I hope your Ex- 
cellency doth plainly perceive that it is for my Zealous 
attachment to his Majesty that I am thus hijured 
abused, and interrupted by these three Magistrates — 

My Instructions are, in any difficulties to apply to 
Your E.xcellency for assistance and protection, tiioi*e- 
fore do most humbly pray from Your Excellenc7 a 
speedy redress as His Majesty's Revenue suffers en- 
tirely by the Actions and Power of these three Magis- 
trates at Cape May. 

[signed] 

John Hatton. 



fjitter from the Earl of Hillsborough to Governor 
Franklin, iraiismitling two Orders of. ConnciL 

I From P. B. O. America and We«L luUe*. Vol. 176 (1l»>, No. W.] 

Whitehall Dec' IP'' 1770. 

Grovf Franklin. 

Sir, 

Inclosed I send you two Orders of His Majesty in 
Council on the !)"' instant; the oue disallowing an Act 
passed in Xew Jersey in Juno I "»»'>, entitlml, "An Act 
for ivxulating the Practice of the I^w and other Pur- 
poses therein mentioned;'' the other confirming an 



214 



ADMIVISTHATIOS OF GOVBKXUR FRAVKLIN. 



[17:0 



Act passed ill May ITftn, entitled, **Au Act for choos- 
ing Rei)resentatives in the Counties of Morris, Cum- 
berland and Sussex, & directing the MorriR County 
taxes to be [»aid into the Ea.stem Treasury of this Col- 
ony; '* and I ant to signify to you His Majesty's Com- 
mands, that you do cause these Ordere to be published 
in h*ke manner as has l>een usual in such cases. 

Tlie inclosed Copies of the Representations of the 
Board of Trade, which I transmit to you for your pri- 
vat.e Information, will fully acquaint yrni with the 
Grounds of His Majesty's Determination upon these 
Acts; but I must not omit to observe to you, that 
although the Lords of the Council thought fit, in con- 
se<|uetice of the Recommendation of the Boani of 
Trade, to advise His Majesty to confirm the Act for 
electing Representatives for the Counties of Morris 
and Cumberland, yet it did not escape their Loi-dship's 
Notice that it did seem to be inconsistent with the 
additional Instructions transmitted to all His Majesty's 
Govenaors in 17*17, requiring them not to give their 
Assent upon any Pretence whatsoever tf* any Law or 
Laws by which the Nural>er of the Aaserablies should 
l>e enlarged or diminished; and as their Lordships con- 
sidei'ed that a Strict Obedient^ to that Instructitm is of 
the gi*eatest Impoitance, they thought fit to recommend 
to His Majesty, that a Copy of it should be sent to you 
upon this occasion, and His Majesty, a])proving of 
what their Lordships recommend, has accordingly 
u 8epf . 1T07. directed me to send you the inclosed Copy 
thereof,- and to signify to you His Royal AVilJ and 
Pleasure, that for the future yon should not, upon any 
Pretence whatever, deviate from the Directions it 

contains. 

I am &'* 

HiLLRBOROCGH. 



I77(»] ADMINISTRATION OP OOVERNOR FBANKUN, 215 



Copy of a Letter from Mr. Hation, Collector of Salem, 
Etc., to the Commissioiiers of the Customs, dated 
Perth Amboy, Dec. 2r», I77(i, complaining of the 
ill treatment he had received. 

[Fran p. B. O. America uul Wwt [ndl«a. Vol. 957 {iTSi.} 

Perth Amboy, 35''* Decern' 1770 
Oentlemen 

On my way to the Governor with the inclosed Re- 
monstmiire T received Yours of the 10*.^ Inst, on the 
Receipt of which I went to M' Skinner, Attoiney Gen- 
eral whose opinion I liave now sent hkewise the in- 
closed lie monstrance will give Your Honors a just 
Information of the further 111 treatment I have re- 
ceived M' Keafl Collector of Burlington hath hailed out 
Hughes. M' Read's actions are, as formerly; which 
is to distress me and the Service of the Revenue all 
He can. He is one of the 3 chief Judges of this Pro- 
vince & hath a Salaiy for it & is likewise one of the 
Govenior's Council. 

I am credihly informed that a Set of Merchants at 
Philadelphia havt^ remitted a Quantity of money to 
this Province in Order to gain any Pohifc tliey want & 
likewise make this Cape their Stanch Store, as they 
say they cannot do without It for their contraband 
Trade — for since the s'.'' of last November there have 
been o other Vessels unloaded with illicit Goods. 

I have wrote three pi-essing letters to the Captain of 
His Ma.f Vessel in tliis River l)ut no One hath yot ap- 
peai*ed to give me any Relief. I hired a Sloop on pur- 
pose to go to them to get them to keep their Vessel or 
Tender in Our Bay which would be the proper place, 
whereby they would perceive, with my assistance on 
Land, all the proceedings of the smuglers there; but 



%iB 



ADUINISTKATION OF GOVERNOR FRANKl.lX. 



1770 



they declined my Request saying they could not assist 
me on Shore, and Winter coming on they must lay up 
their Vessels, therefore I am obliged to keep concealed 
by day, & when 1 travel it is all by night. & expect 
no other than some Day to fall a Sacrifice to their 
Wicked Mali<^ & Inventions. I left my Wife at the 
ix>int of deatli thro' Fright for me & her Son. My 
Son being still 111 & at the Tavera He was taken to 
first, & will lose either his ^Vrm or the use of it, which 
cannot yet b*; determined & hath undergone a Severe 
Illness myself going hundred of Miles to endeavor to 
procure Justice & have almost expended my last 
Farthing and am in the gi-eatest distress for more, 
who am 

Gentlemen &c* 

John Hatton 
I am to call on the Governor on my way back for 
an answer to my Remonstrance of the 7*^ Ins'. He 
having sent to the Attorney Greneral for his advice & 
the Result thereof I will inform You M' Skinner ad- 
vises me to arrest the 3 Magistrates if I cau get them 
before the Governor for their actions & false Impris- 
onment but I want Money, having now expended in 
this Affair upwards of 30£ Be pleased to excuse the 
Badness of this Letter as my Wounds in my He;ul & 
n are still so bad that I can haitlly think i»r 



right 
hold 



my 



Pen. 



Letter from Atforney-Oenerrd Skinner to Mr. Hatton^ 
ijiviufj his opinion on the procredinfja of ttie Mag 
istratea at Cape May. 

IFroni P. R. O. Amrrim and W<«t Imlleff. Vol. S^ (9*^).] 

Dec. 25, 1770. 
M"" Hatton 

1 have considered the Papers you have laid l)efore 
me, and those sent by M' Petit and am of opinion that 



1770] ADMI!ri8TRA.TlON OF GOVfiUNOlt FRAN'KLIN. 217 

as the tratiHaction was on the high Seas the Adiaiiulty 
only hatli Jurisdiction, & it is [to] those you ought to 
apply. 

Up>on the Same principle the Magistrates at Cape 
May had no authority to issue their WaiTant, or bind 
you over to Coui-t the place where the Seizure *& Res- 
cue was made being witliouL their Jurisdiction or that 

of any Court but tlie Admiralty. 

CoRT" Skinner. 
to John Hatton Esq^ 



Letter from Mr, Skinner, Attorney-General of East 
Jersey, to CharleM Petit, Esq., Secretary to Gov- 
ernor Franklin, giving his opinion on the Conduct 
of the Magistrates at Cape May, 

fFrnm P. R O. AtnencA mid Weat Indies, Vol. aS7 (STB). I 

Dec, 25, 1770 
(SVr, 

I received Yours by M' Hntton with the Papers in- 
closed & have considered thoni as well as the Short* 
ness of the time would pernilt. together with other 
Information given me by M' Hatton. 

I am of opinion that the place where the Seizure Sc 
Re^MCue wei-e made is clearly out of the County of Ca\ie 
May. That the Admiralty only has Jurisdiction and 
tliat the Justices of Cajie May wore forward in taking 
upon them any Enquiry; then issuing their Warrant 
& taking AP Hatt(m & his Slave after his Excellency's 
Proclamation is an insolent Contempt of his l*i'ocla- 
niation and will, with other parts of thejr Behaviour, 
justify His Excellency in ordering their Attendance 
before him in Council, or upon very clear AflSdavits of 
their Behaviour removing them iiom Office. 

It was theu' Duty to Support M' Hattou the Collec- 



218 



AnMINlSTRATIOX OP GOVERNOR FRANKLIN. 



[1770 



tor & not suffer a Man Mills so pnncipally concerned 
in the Matter to Sit with them when they illegally 
demanded Security of the Collector, then countenanc- 
ing the outrage of the Pilots as well as the running of 
Goods are Sufficient to remove them.— Be pleased to 
make my Compt* to the Governor & am Sec: 

C'OKTLANO SKIXNBK, 

To Cha" Petit Esq-^ Gov? Secretary. 



Letter fntm Mr. Hittttm, Cntlector of Salem ami Co- 
hetisey^ to the Commissioners of the Cnstoruji^ Bos- 
ton, relative to his ill-treatment f)ythe MoAjistrates 
at Cape May, 

[From P. R. O. AniericB and Weatlnillei, Vol. iW7 (CTHl. 

Oentlemefi 

I wrote to your Honours from Perth Araboy on the 
25*'' instant, and inclosed you the Attorney Generals 
opinion of the Actions of the Magistrates and likewise 
my last Remonstrance to (iovT Franklin and also the 
Copies of two Warrants w hich has been served on me 
and my Negi-o. Two Days after I arrived at Burling- 
ton & waited on the Governor it delivered a letter 
from M' Skinner a Copy of which is inclosed, after 
much persuasion His Excellency granted acconling to 
M' Skinner's C)pinion an Non Ultimo Prosequi for me 
but as my Negro happened not to be mentioned in it, 
the Governor refused me one for him, therefore both 
he and me as one of his bonds men must appear at 
their next Court in Febniary, what tlie issue may be 
I cannot pretend to say but no good. His Excellency 
has likewise wn)te to the three Magistratas to apj>ear 
lx?fore him and his Council sometime in the Spiing 
the particular time not yet fixed, but if we may judge 



1771] ADMIJTtSTRATlON OF OOVEUNOR PHANKUS. 210 

from former instancefi the result will be. — I write this 
from opposite Philadelphia, the Tavern where my son 
is whose wounds ai-e partly healed but has lost entire- 
ly the UHte of his Arm. T beg your Honours will con- 
sider the disti-ess I am in for want of Money as I have 
now spent nearly forty (KUinds in travelling so many 
hundred miles & in fees for advice & other expences 
caused by this affair and I have still other Expences 
to pay by reason my man must attend their t'ourt, 
therefore do most humbly heg your Honours will 
either grant me my Iiicicknits now due or advance 
some of my salary or any other means you may think 
pnji>er, which must be speedily & can be done by an 
Oi*der on M'" Swift. 1 have taken out a supreme Wi-itt 
for Mills the Pilot by the Attoraey Generals advice as 
there is no Court of Admiralty in this Province.— 

I should be glad your Honoui's would intertwse so 
as to get the Magistrates punished according to their 
desei'ts. 

I am &C' 
(sigue^l) JoHX Hatton 
Coopers Fkrrv opposite Philadelphia 3(t'?' Dec' lT7n 
N B. The Letter referred to is not yet come to 
hand. 



Letter from the Earl of Hillsborough to Got^ernor 
Franklin^ relative to providing for the Kiuy^s 
Troops, 

IFrom P. R. O. AmerIcA anil Wi-st Iii«Il«*s, Vol ITfl flW>.] 

M'^HiTEHALL, January 2'!'' 1T71. 

(lovernor Franklin. 
Sir, 

I have receivetl your letter of the 5*?" of Novr N" 24. 
and have laid it before the King. 

Nothing would have been moi*c unbecoming than 



«M 



ADMINISTRATION" OP nOVEnKOR FRANKU27. 



[1771 



the A8sembIy-8 refusal to provide for the King's 
Troops, frora Resentment for the Repeal of the Paper 
CuiTency Ad-, a Measure to wliich (however eironeous 
in its Fiinciplei the King would not have witli held 
His Royal Concurrence, if it could )iave been given 
without violatuig the I^aw and the Constitution^ and 
therefore it gave me gi-eat Pleasure to find they had 
receeded fi-om so indecent a Res<ilution. 

I am &c? 

HlU^BOROUGH. 



Jjfi.tfer from Frederick Smyth to the Earl of Hilfshor' 
oittjh, ie.uderiiig his seat in the Cottncil of Neir 
Jersey. 

fTram p. R. O. America aud We«t ImUeA, Vol. 176 (IM).) 

New Jersey Jan'- lii»? 1771, 
My Lord, 

As there was a vacant seat in the Council of this 
Province, at the time I was appointed Chief Justice; 
at the request of Lord Halifax; without any kind of 
sollicitiition on my part, I was apjxjinted a member of 
the Council, and since luy residence here, my attend- 
ance has bt'en most punctual. The better to accom- 
modate the inhabitants, I have fixed myself in what 
is called the capital Town of the province, which is 
above fifty miles distant from the place the Governor 
makes his residence at; so that every summons tt) 
Council subjects me to some fatigue, and an ex|>ence 
which I can no longer allow myself to be put to, in a 
Country where my st^rvices are so i)oorly requited, tho' 
it may be highly proper and necessary that the Chief 
Justice of the i)rovince should have a seat at the Coun- 
cil Iward, and it would be great pleasure to me, to 
continue to give all the aseistauce in my power to the 
Governor, and the Gentlemen of the Council, in the 



1771] ADMINISTIIATIOX OP OOVBUKOR PRANKLIK. 231 

dispatch of the businefis of that boai*d, I hope however 
my lx»rd circumstanced as I am at present, it will not 
l»e thought any disrespect to his Majesty's service if I 
i*e<^nest your Lordship to accept my reyip^iation of my 
scat in the Council of this Province. 

I am truly sorry that I sh'I have occasion to trouble 
your Lordship so fre<iuently with Letters, and Memo- 
rials of Complaint; yet it is some satisfaction tome, 
to know, that the grounds of those complaints, cannot 
be imputed to my misconduct in the discharge of the 
duty of my station in this Country, but solely to the 
inadequate rewaixl which I receive for ray services in it. 

I am my Tjord with the utmost respect 

Yoiu- Loitlships most Obed^ Hum" Ser' 
Fkepkkick Smyth. 



JjeiUr from Gov. Franklin io the Ear! of HiUsbor- 
ongh^ relative fa the War with SpaiUj the Super- 
intendence of Indian Affairs, and announcing the 
death of John Ladd, a member of the Council, 

[From P. It. O. America ftiui Wat Indies, Vol 176 094).] 

BcTRUNGToy. Jan''' \4^.' 1771 
To The Right Hon*"*' the Earl of Hillsbomu^li, 

My Lord, 

I was Yesterday honoured with the Duplicate of 
your Lordsliip's Circular Letter of the 2-^"' of Hejitem- 
ber, and another of NovT 15, ivlative to the Prospect 
of a War with 8p:iin. The (.Original of the fir-st Letter 
never came to hand; which I much wonder at, as I 
oljserve, by the Contents, that Lord Dnnmore miglit 
have received the one directed to him before the 1 1^ of 



9SS 



ADMINISTRATION- OP OOVERNOR FRAKKLIK. [1771 



December laat, when he made his Speech to the As- 
sembly of New York. Let the Event be what it may. 
His Majesty may have the firmest Reliance on my At- 
tention to the Security of tl»e C^oloiiy under my Gov- 
ernment, and that I shall use my utmost Endeavours, 
iu case Mattel's should proceed to Exti*einities, to pre- 
vail on the Assembly to do what may be in their 
Power towards putting the Province into a better 
State of Defence. This, I doubt not, they will be the 
more encouraged to do, from His Majesty's most gra- 
cious Assurances, That the Security of His Possessions 
in America will be a pnncipal Object of his Care & 
Attention. 

I am likewise honoured with your Lordship's two 
Dispatches of Novr 15. The one respecting Indian Af- 
fairs is the fii-st I have ever receiv'd on the Subject, 
either from His Majesty's Ministi:*is or from the neigh- 
bouring Governments; bo that this Colony must stand 
excused for not having complied with His Majesty^s 
Expectations in that Respect. I shall not fail how- 
ever, to take the first Opportunity to represent this 
Matter to the CouncO vfe Assembly, and urge their 
Concuri-ence with the other Colonies in such Regula- 
tions of the Indian Commerce as may Ikj thought 
requisite on their Part to answer the valuable End His 
Majesty has iu View, However I think it my Duty 
to inform your Lordshiji, that though some such Reg- 
ulations as are i>rojK>6ed wouhl not only lie highly ad- 
vantageous to the commeivial Interest of Great Bnt- 
ain and her Colonies, but c<.>ntribuU' greatly to tlie Se- 
curity of the latter from Indian Depi-edations, yet in 
all Pmbahility, the very Colonies which are largely 
interested in the Commeix^'e with the Indians. vV whtwe 
Frontiers are inunediately exposed to their Incursions, 
will never be able to agree among themselves on any 
effectual Measure for this desirable Purpose. And as 
New Jersey has no Inhabitants any ways concerned 




r71] ADUIXI^TRATION OF GOVERNOR FRANKLIN. 



223 



Kri] Ai 

^n the Indian Trade,' her Frontier surrounded by the 
^Dolonies of New York & Pennsylvania, and every In- 
dian Claim on the Province settled to the Satisfaction 
^^t the Indians, it Is not at all improbable that the As- 
^benibly here may decUne enga^ng in any Expence on 
that Account. Every Colony, I am apprehensive, will 
■^consider only its own immeiliate Interest, and grant 
^Un Proportion to what they think that to be; a Circum- 
^■tance in wliich hardly any two Colonies will concur 
^Tn Opinion. But this is not the only Instance, by 
many, which evinces the absolute Necessity there is 
H^or the sake of the Colonists themselves) of a general 
^Superintending Power over all the British Dominions 

in Ameiica. 
^p I send your Lonlship by this Opportunity Copies of 
the Minutes \' Proceedings of the Councill & Assem- 
^^ly, and of all the Acts passed during the late Ses- 
^hons. There arc only Three of the latter which con- 
^■ain any Thing of a new or particular Nature, and 
^Ibose liave Clauses suspending their taking Effect till 
they receive His Majesty's Approbation. Then* Titles 
an.' as follow, viz* 

!'• An Act for EstabUshing the Boundaiy or Parti- 
tion Line between tlie Colonies of N. York <& Nova 
Caisaiva or New Jeraey, and tV»r confirming the Titles 
& Possessions of certain Lands adjacent to or near the 
said Line. — 

t* A Supplementary Act to an Act, entitled, An 
Act for the bett*^r enabUng of Ci"editors to recover 
their just Debts from fVisons who abscond them- 
selves. 

3" An Act to enable I'cisons who are His Majesty*s 
Ijiege Subjects, either by Hiith or Naturalization to 
inherit & hold real Estates, notwithstanding the Pm*- 



• ror ihlB nmmm Uic dispaloh In omitted bera. U l» pobltBtic^ In V. Y. C^l. 
bwu.. VIU., KM. 



2:?4 ADMINISTRATION OP OOTERXOR FRAXKUX. [ITTl 



chafie, Grant, or Devise, were made before Naturaliz- 
ation witliin this Colony. ■ 
The Hon*"* John La<ld» Esqt' departed this Life on 
the 20**' of Dec' last' which has occasioned a Vacanc 
in His Majesty's Council for this Province. He resid 
in the Western Division of this Colony, which Circum 
stance I mention, as 1 find that it is generally under 
stood here that it was one of the Terms on which the 
Government was surrendered to the Crown, that the 
should always be an equal Number of Councillors 
well a.s Assembly men in each Division. Thij* Matte 
however, has not been so strictly attended to of la 
Years as fgrmerly, there bein^ now only T%r(?e Coun- 
cellors in West Jersey to Eitjfit in Ea.st Jersey, which 
is not only too great an Inequality, but as they mostly 
reside from f>o to 80 Miles from the present Seat of 
Government, which is in the Capital of the former Divi; 
sion» it often occasions considemble Delay vt Detrimei 
to His Majesty's Service? & the i)ublick Business, 
is, indeetl, but seldom that I can collect a sufficient 
Number of them to form a Council, on sudden Eme 
gencies; and those who reside at a Distance exp 
that r will never require their Attendance (whicli 
always attended with Exponco & Trouble to them) 
but at tiie Time of a Sessions of General Assembly, 
unless upon any extraorflinary Occasions. On thi 
Account, I tliink it ])articularly necessary that tin 



n 

?r- 

be 

i 

nP 
ly 

of 
vi- 

-•nt^ 

'a 

»eo^H 
I i^H 





> JofaB tjuld mw a aumjor and mao of itromlnence for many jwara tn &»]< 
mndOtonoMrterOoUDtlea.— Cffni^»ra Fir$t ScHUraof Xrwfou Towhthfft, 14£-<Vt 
1740 b<> Intorwled himaelF fo Kettln^r Hvffl<'nL-i> o^^oliiHt Rolwrt jL-nkiim, uT Hal< 
arrfriit*?*! for having e«nmterf pjt money In htn ponagiialon. l*intn.Arrkhtfs,l .Ml H» 
waft ■•)ect«il n mcrmbrr of Uic Aftevinbly from Oloooeater la 17M.-i<^. J Mitt. Pruc., 
May. IH'A 81. WhJlo rtlll a member of tliat body, he wah rvcommcndrd by itnvrnn 
Di^lchtT in ITW fiira neat in the CVnmcil.-A'. J. Archit-**, IX.. I'i7. Til 11*18 bi; 
npivilnteil oiie of the Stimiffatf^ Tor Wiiit Jersey.—/''-, &*•!< Id IT'Ift Ttovonior 
franklin r*'ci>uimen'1e<l him for apiKitntinoni -ts Councillor, snylnn: •■ M' t-aAA If 
a Uriil" of Fnrtimr aiiJ umblifiuiMlu'il fborader, wua fonntTly in the AMeinfaly 
vi-)u'i-f lie wfiH niwavK on the Side of the Adiuitiifitrallon, aiHl Ih noxv one of t 
prtnc'ijinl MairiHtmh-^ "f Olomi-rtf-r Cminly. whtrh Offlcr lie hoA lonjr esevolrd wji 
Ability, and CredJt to hlmaalf." — J6., VT. Mr Ladd waa appointed AosoM SI, Iftt 
-i6.,aW-5.-( W.N.I 



em!^l 

tie.. 



1771] 



ADMIXISTBATIOIT OP OOYBKNOR PKANKLIX. 



225 



Vacancy occasioned by M- Ladd's Death, should be 
supplied by some Geutleinan residing in the Wefiteni 
Division; and I therefore take the Liberty t<» nominate 
& i*ecomnieud (for His Majeaty's Choice) two Gentle- 
men, who am in every respect the beat qualified to 
serve His Majesty in that Capacity of any I am at Lib- 
erty to mention. One is Daniel Coxe' Esq\ of Tren- 



' On April 90, 1771, the Lortb) of Trade recommeuded Mr. Coxe for thit vaertncy tn 
the Council, and ou May I tUe Kinc in Council approved of the appofntmeut.— A^. 
J. Anatjflioil Indtx, iSX Daniel Uoxi; was the fourth of that name ldeDtlflo<l with 
thf hlxtorj' of New Jerwy. Some noUcee of the family may not bii fnnppmpriatc' 
here. The Jlrat Daniel Coxi- of uhniu we have reconi was of ritolce Newliig:tODt 
England, and dlt-d In IflBC. -/»<«». ITist. Mag.. VU , 317. 

He left a son, the trcond Daniel C<ixe, horn l<V40 or I&4I , died January 19, 1790, In 
his olnetibtta year. The latter was oue of the moKt eminent phyiUclana of his flay, 
a prolific writer on chemistry and medicine, and was pbyaldan to Charles Q., and 
afterwanla to Queen Anne. AlUioitKli li<* never come Ui Aiueriea. hi* ac-qulred 
largv poanariopg in Weot Jersey, and was at least nominally Oovcmor of thut Pro- 
Tinoe, IQHT-lflOl. He al>io acquired title to a tract imperial in ita (Ilmen!(l«n<i, lyinic 
beiween latitude 31 decrees and laUtiule 8(1 deKreea, and ejcteiidlng from the At. 
lanlic lo the Pacific, whicb he spent a fortune In exploring. hU vowels beln^ the 
ftrat lo aacQttd the Miwlwlrt^ from ittt moutii, Thii> wok oLlieil Vnraiaun. He wiw 
a Ktanoch Church of England man. Interestinic htmM'lf In taiiabliidii&i; that church 
In West Jervey, near Cape May .-/ft. . V. , I U ; VH. . 317 -36. 

The ihiT%l Daniel Cose wax the DocttTr'n eldest fwin, and was baptlaed tn Z^ndon. 
August 81, 1073, —lb . \'TI., 320. Although hi- Joinetl with other pn>prietorR In rec- 
ommending Andrew Hnmllum for Governor (N. J. Areluven. II.. 376, 410). lie ni>(M»h 
to have been a favuriti- of Lord Uomlmry, whom he pn>balily accompanied to 
AzD«rtca la 1706, and by whom he was appointed Commander of the forct^fl In West 
Jewey.— N. J. Arrhivpt, in., R5, 43, -Ji. He was llM^roaft^r ltn«>wn as "('oIimihI " 
Coze. Ue dauhtle^A r<>tumed lo EnKlaad after a very short stay hero for in I7i>l 
be was In London, waging: a ri;;oroiu defense afcainst the attacks of snme of the 
New Jenwy ProprIetarii<A.-/b., 35. He luyl l>eeu recommended In 170U l)]r tbe fc^orl 
of Nottingham and by tbo Iflarl of ClarenJon for a seat In the new (Jovemor's Couii. 
cU nf New Jersey .—X J. Ardt^it^x, II , IHR, MQ. In ITdfi he wan again reCfmiiunnded 
by Lord I'ornbury, and notwithatandliig the boMtiUty of the Qualcent he was ap- 
poUitod In iTOf), and soon after sailed for America, when l^onl Combiiry apiMiintcnl 
him one of the asaoclntf Judges of the Hupreme Court of ttie Prorince.— .V. J. Ar- 
chives, UI.,ra. M. Id5. 18^'; Vroom'a Supreme Court HuUji. i7. In tbeycar foUow- 
iug 1.1707), notwltlistonding hts hoKtJIity to Qtinkfrs in KenemI, lie tiiadeaii exct^p- 
tlon In faror of Haroh. the prexumahly pretty daughter of John Eckley, a Qualcer. 
iif I'littailelphio, wltb whnni Ite elopeil. bidn^ iiiarritHl to Iut by Lnnl t'limbury's 
chaplain, who m ist opportunely happened to be ou hand, " lieiwet- n two and three 
■/duck in Ibe morning, oo the Jeniey side, under a tree by tlr*,- Ugltt.*' Tbe gallant 
hrldegmoiD was then a "lint* ilauuUiig genlleman."— ICafsota'A AmutU, 1., 50. 
On the arrival of Lord Lovelace, bi iTiXi, as novemor of New Jentey. Colonel c^xe 
waaai^ain nojiu^l as une uf the Cotuieil.— .V. J. Archircji, III., 3tll. He illd nut get 
kloatfio well witii Qavemor Huntur, at who^e request bo was remrirej from the 
v.'.»mrillti 1713 — /6., IV., 14fl. 18?. Hy wa^ docte 1 to Utt^ Ass<-mMy lu 1711, by tltv 
"Sweaisli vote " <N- Y. CV>1. Does , V., 990, VH), siul again in February, 1710, fnmi 
tiMoaunQr o( Olouoeeter and from Ute town Qt ^em. both, atihough SherUf WH- 
16 



320 



ADMlNIBTKATtOV OF aoVRKNOIl FUANKL»N'. 



[1771 



ton (about ten Miles from hence) and the other, John 
Lawrence, Esql who livf»3 in this Town. The first 
was lately in Enjcl^'^n^l* nnd had I hear the Honour of 
being |>erRonally known to your Lordship. The latter 
was lately a Member of Assembly, has a good Estate, 
& is a Lawyer by Profeesion. Both of thera are Mein- 



liain Harritnii. ofGloucealei'. was accuaed of bAviiig rtw>rt«d to sharp pmctioe to 
fiecure bU defeat, by remonring ibo polls aflvw&I mile« from the luruol place. ColMial 
Oozv declared to serrv for Gloucester, laatead of Salem, nnd hvlng rbosnn 8p«akpr. 
April 4, ootuplaiwd of Sheriff H&rrisoii do the Mth, and bad the MtlKf^ction of 
publicly reprlmaDding blm, by order of the Ilouse. BIh trfumpb was tihort-llr«d. 
for Uovemar Hunter Immodiatdy pmroffued the Assomlily until Hay 7. The* Oot> 
emor'B oppouenbt In the Hoiue appear to have purpoeety Rtayed away. In the hope 
of preventing a qiiorum. but by Hay 81 the Ooreraor'a friends ^t thirteen mecn- 
bentdgethrr, and having a quonnn they t-lrHrtcnl John Kingt<y S[H>akv-r, lt\ the ab- 
MDoe of Colonel Coxe, and then coolly proceMf^ to expel the Co)oo'>l and the 
oUiiu- aatl-Admlnlitratlon members for non-al tendance, declarlog tb^-m, inureover. 
Ineligible to rr^lection. and when nome of them were notwitbBiandlng a^nin re- 
turoed, they were Again expelled. —If-?. JUinutet of ABaembly in Stntt Ubrarw 
Trmtim. Cdlnopl Cnxc Bafli^ tbr* rnMninx July for En;*laai1, frbert* Im a^^taltvi 
vJicorously dtiring l~I7 and 1718 for the rvmoral of Qoreroor Iluntor, and appears 
to have had some Idea of aecurtnf; the succvMuioa for hlnHM>lf.— y. V. CoJ. Dtn-a,, V., 
4ae; YI., «; 2f. J. Archiva, lY.. 907. 890. White Uiue ntirwl Crom official life the 
ColtHiol dln-ct<>(1 his nttentlDri to lltcnatiirc, publMitng tn 1728 a iIf>«cripUun of 
"Carolana," which wiwn-pu1ill*ihed in 1747 and 1741.- StrviTts'M Hitttoricnl Sni/ttrU. 
I., 100, 900. In ITtt he ran for the Anwmbly in Barlln^ton. where thf Sheriff 
adnpieil In bin behalf lln> di'vlce of Kbi*rlff Harrison Homi.' .veam tinfon- In Oliiitr**»- 
ter.— JV. Y. Cot. Docs., V.. 707. In 1730 he received a coramtaslon a? IVtrJnelal 
tirand Maoler for New Tortr. New Jersey anil Pennsyl^nla. lie beln^ the ftrat on 
the C'unUoMit to be Uiu» bonnn^. — /fou(/A> HUtoriciil Skrtrh nf iYei* Masonry in 
Scto Jtraev, prefixed to Grand LwIb** Prooeedlni:?. 1787-IS57. VII. In ITai he wa« 
a«raln appointed, by Oovyrnfn- Cf>sby. to be thlnl Jiidi;r of the Suprfme Coart, 
which office he held tht*rf artt^i until liM death. —Kr«K»m't Stip. Ct. Itulrs, 47; Lrti'is 
itorria Papers. 48. Moiit of hU life In Am*>rU.-n h:i<] been Anient at Buriiuirt<ici. but 
durinfr hlK laltr yeurs he livnd nt Trenton, where he died April SA, I7W. and waa 
burled at St. Mary'^ Chtuvb. Burlington.— ^i7I<'a Hist, o/ thr Cftureh in Burling- 
ton. a»; Dr. HaU'» Fint Prts. Church, Trrttton, aM. 

The fourth Itenlel Ooxe wa.^ the 4:olDnerR eldest son He appears to hare I«1 
OQ uneveulful life, but few notices of him appearinf? amouj? contemporary rwronU. 
In 174S lin wan namecl luinne of the Bunriwnns In the flmt charter nf the bomuf^h 
and town of Trenton.- Book AAA of Commiviiong, in Srcrttary of Statr'a OiWce, 
Trenton, ful S06. nurtn^; the rintlnK in 1747 be was nntumlly i<Ientftled with ihe 
Proprietar>' party.— iV. F. Col. Doc^., VI. IH6. HI» »ill..!nt«-<! January », 1790. 
name* his wife, Abigail, daughter. Grace Cnxe, nnd son, Daniel Coxe, the latter 
being erldentty a minor at thlH time. The will was proven January 21 . 173i.— LAcr * 
JVci. 80/ Witlt. in Srnrtttaryof Stdit'a OfHcf. Trenton, fol. FJjfl. 

RU«nn. the^fA Panlrl Coxe. was (inihably l>om about 1740. He stiidfed law, 
and waN Ucenaeil an an Attorney and Counsellor March 90. 17A1. and as a Si^rfre«nt 
Norember 15. ITIfi. Vinom'a Sttp. Ct. Rulrf. '% M. In the fall of ITT? he called 
■aith hiM ^» Ife and hltt brother-lnlnw, John TalK'r K-mpe. Altonit>y-f;eMeral of S"W 
York (who had married Grace Coxei. fur England, where they managed to ert 
their Carolana claims adjusted by accepting lnstea<l extensive grants of land In 



1771] AD>nNTSTRATION' OF GOVERNOR FRANKLIN, 



227 



bere of the Church of England. I have the Honour 
to be, with the greatest Respect, 
My Lord, Your Lordsliiji's 

most obedient humble Servant 
WT Fr*skun 



Oovenior Franklin to Major UllNam Trent. 

\FTom the orlfciQAl. AmociK the MAniwcriptu of Wm. Nolsmi. | 

Bl-runoton, Jan.'' 14. 1771. 
Dear *SVr, 

I Yesterday received your Letter of the :^l*^ of 
October, & immediately sent for Mr. Allinson, one of 
the Burl" Company of whom you borrowVl tlie l.*>,0(ȣ 
on a Mortgage on Part of your Estate in Pensylvania. 



I 
I 



W«M«ni New YoTk.~Dwr*s Life of Lord Stirling. 80. Cal. K. Y. land Ptipcrs, 407 
otfloqq. Thv tniQUl«fi of the CotiDcU show that afc^^r hH appofntnipnt In 1T7I be 
was rfRfiltw aud faithful in liw alt^nilaiioe until Dm «'l(Me uf that bodjr'K erLstviK-e 
In 17^. He was a ze«lou» Tory, and wen the buminjr of his hADdxome reshlenoe 
at Tr»'Dl(in by the British, durini; tbelr punmlt of Washlriifton In PewmhtT. ITTH 
(5 American Archlres. n.. 1379), did not impair his atlAcbnif u1 to the Hojal cause, 
for in 1777 ho went to New York, where he remained till (he close of the War. serr- 
tnf; as (.lialrmaa of an AtMooiation uf Ri'fuj^^efl. Christopiifr Snwor iitallclouKly 
my* he " wa« appointed to the chair to deprivt* him of the opi>ortuaity of speakhiff. 
tut he haK the gift of Kayinir littJe with niany •9mnlH."-~Sabinr'B Jjnyntiata, 1.. 3Kt. 
In June, 177[t. he wrote to Joseph Qalioway that he was rotifldent tlie end uf the 
Rebi*llinn woolil come that Summer.— H^«/ Mhq , June, XfVti, ISI , Hi* marrlrd Juno 
5, 1771, Sarati. daughter of Dr. John Kedman, of Philadelphia Iteairtln Christ 
Church, 'i I'ettn, .irc/iife*, U., C8. Dr. Reilmiui wa» a nunreon In the AmeHpan 
Army during thf Rrrolulirii. anil apiN*An< In have Vept hJM dau^rhter and her chil- 
dren with him much IF not most of the time durioa the War. She was evidently in 
Phlloilrtlpliia irhen Coxe wrote to Oalloway in 177!'. In 17^ nhe was a^ln with her 
father.— /Vnn. Cut- /feron/#. xn..JWO. Iti HfcemlM-rnf tbatyi-ar Coxe was ftfcretarj" 
to the British (.tamml-ssin tiers appointed to receive and pardon repe-ntant rebrlM, an 
office which proved a fAnevurv.— Moore'a Diari/ of the Rt'volution. II .9^. At Die 
clow 6t the war he went to England, whither his wife and chlhlrHn fnlluwed him, 
probably In ITVt, asm Uuty>>tir she ami ber fattiiTand herchildre-n ni*re t^lven pass- 
port* from Pbihkdelphia to New York.- /Vmh. Col. Records, XTll.. oil. She returned 
in iwe. til comfort hpra^ed father and dylnp nmtbor.— ^oAVitrV LnyntiMn, I., StO. 
Her husband died in Enfirlaud prior to IHS8. for In that year she broucht fluil« in New 
Jerwy for her dower rigfalBlu his property which had l)een confiscated, and rec<iv- 
ered jud^nfut tben>ror .v] J. Law Hri>ort* I Halstel. :J7>*; .1 Halst.-d, :i>«; Hal- 
steil. 9U6. She died at Briirbton. EoslaDd, in 1948, aged niAety-oae.^StiMNt-. I.. •MO. 

;w. N. 




228 



APMINI8TltATI0jr OF OOVEUNOR FRANKUN. 



(im 



Upon my acquaintiug him with your Apprehensions 
of their proceeding to sell the Lands, and of the great 
Disadvantage it would be to you to have so valuable 
an Estate put up to Sale in your Absence, he has as- 
sured me tliat tho' several of them would be very glad 
to have their Money, having inimeiliate Use for it, yet 
it Wits never their Intention to sell your Proj)erty until 
they had given you sufficient Notice. And he has 
promised me, in Behalf of the Company, to wait to 
the Time you request, and tliat they will do nothing 
unfair or unkindly by you in any respect. Fmm my 
Knowledge of the Men» I am sure you may rely on 
this Declaration, & make youi-self entirely easy. 

I have at present, Company in the House, & am a 
good deal hurried, but I liave anatcird as much time 
as to give you this Information least the next Post 
should be too late for the Packet. 

1 shall as you desire acquaint AP Whartron's Family 
with his l»eing well, & the Reason of his not writing. 
It would give me great Pleasure to hear that you had 
succeeded in your Negotiations, & to see you both 
again in America. You camicit imagine what an lu- 
fmiti^ deal of DiHiculty & Trouble 1 have had in the 
Management of that cui"sed Business of the Otago 
Tract, which tunis out aftt^' all. an Object scarce 
woiih Attentimi. But that is not the only Reason I 
have to repent my going to the Ti^eaty at F. Stanwix. 
However, 1 have it U(.>t in my Power to tell you any 
more, at Present than that I atti, very sincerely 
Yom* Friend & hum. Survaut 

WT Fkankmn. 

[Addressed: To Major Willi^im Tivnt, To be left at 
the Pensylvauia Coflfee House, London via N. York 
Pr Packet.] 



1771] ADiinriBTRATION OP GOVERNOR PRANKUK. 



Letter frorn John Povmall to John Robinson, relative 
to a bounty upon Slaves fjom America. 

(Prom P. R. O. B. T. Plutatloiis Q^neral, Vol. 48, p. 976-1 

WniTEiiALL March 1, lT71. 

To John Tlol)irison Esqf 
Sir. 

Tlie Report of the Comniissionei's of His Majesty's 
Customs containing objections to the granting a Bounty 
u|x>n Slaves from Ameiica. which Report was inclostxl 
in yonr Letter to me of the 10''' ilay of last month, 
having been communicated to the North American 
Merchants, who had applied for the said Bounty, they 
have iu Consequence thereof pivaented a Meniorial to 
the Lords Commissioners for Trade and Plantations 
containing theu' Answei-s to tlie Objections stated by 
the Commissiouei*s of the Customs; and T am diiecttxl 
by their Lonlsbips to tiansmit to you the inclosed 
Copy of the said Memorial, and to desire you will he 
plaased to commmiicate it to the Lords Conmiiss" of 
the Treasury; and to acquaint tlieir Lordships, that 
the Lords Commissioners for Trade and Plantations 
are of opinion that the Answers of the Merchants t^j 
the Objections made by the Commissiouei"S of the 
Customs are full and satisfactory. 

1 am. with great respect. Sir, 

Your most obedient humble Servant 
John Fowtjall. 



iSO 



ADMINISTRATION OP CiOVERNOR FRANKLIN. [177 



Lt'ftcr front Oowmor Praufclin to the Earl of Hills- 
boronyhy relative to oidering recruiting parties^ 
and to making provision for the Kimfs troops ; 
also announcing the death of John Smith, a mem- 
ber of t lie Council. 

(From P. R O. America and Went IdcUm. Vol. ITOtlW).) 

BuHUNGTOX, Maicli y", 1771. 
Right Hon'*** the Earl of Hillsboi-ough 
My fjordy 

As soon as I was honouK^ with your LoHship's 
Circular Letter of the llV'of Docoiiilw'r, T suninuniotl 
a Meeting of the Council, and by thoir Advice issued 
a Proclamation (a Copy of which is encloaeil) requiring 
all M.igistrates and other Civil Officers, and all other 
HLs Majesty's Liego Subjects in this Province, to be 
aiding and assisting to such Officei's and Recruiting 
Parties as shall beorderetl into New Jei-sey. His Maj- 
esty may have the tirmest Reliance, that I shall exert 
my utmost Endeavours, in every Matter which may 
be in my I 'ower, to give Efficacy & Dispatch to the 
Plan which has been formed for the Augmentation of 
his Fotves. 

I have called a Meeting of the Assembly, to be held 
hei-e on the 17"' of next Month, to make Provision for 
the Troops stationed in this Colony, when 1 shall recom- 
mend it to them to give Encouragement to His Maj- 
esty*s Subjects of this Province to enlist in the Battal- 
lions now serving in America, and to do whatever else 
may l)e necessary or pro[)er for them to do for the fur- 



n?lj ADMINISTRATIOK OF 0OVF.nN0Il PUANKUK. 



231 



ther Security of this Part of His Majesty's Dominions. 
I have the Honour t^; be, with tlie greatest Respect, 
My Loi-d, Your Lordship's 
most obedient, & most humble Ser^^ant 

W* Frakklin. 

P. S. I have just received yonr Loi*dship\s Letter of 
Jan'-' 2^ 1771, N" 29. 
The Hon"-'* John Smith died here Yesterday.' This 



■ Jont Swm wu ttw tfecoud won of the Hon. Richm-d Hmilfa. of Qitren Ilil], Bur- 
Hngton.aDd was a brother of Samuel Smith, the historian, aod uf William Lovelt 
SmiU. anilKiv^liar^lSiulU). He wasbum "liitma.SOUil7S3"— Hui>'h:AM7V^ lu 1711. 
he luilled In one uf hi^ faUier'« elitpa lu Uie West Indies. returulUK tli*- tiexi ye*r. 
anil in 171:1 fii^aKeil in U»> Wesl India tnide. In Flillnd(.-(jhia, \«hrrt' Id* tT'-i4di*d for 
the ntrxt tnclTe or fifteen year&, cai'ryiiis on a llouri»fhiug boiiineas. and enjojrlnit 
ilie cornpany of a delightful t^ociety. Hi: occupied a bandKoaie house un 8oc<.iail 
litn'et. and In 1741 bought a fine country c«tnle at roiut no-i>oJu(, <mi iJie Dplnware, 
atfove the town. At these houKCA he eiit«rtaiued haudsoniely a widt* clivle of 
friends nod ncqunintauces, including the leadiui; men and women uf his day. He 
and aoma of hia yomti; Vimker friends uixmiixfd a ncmI of u club, devoted to aocial 
caarvno and mntuul luiproveucnt. ond the cnrcN of buxlneMH, and even the occa- 
sional loan of a sLi|). t'upturr'd by K|)ai>ihh i^iiito'r^ flid iiul Interrupt bid (|Ulet pleaa- 
nraa, nor divert hla uth-utiou from the beet authors of the day. fli'MfUfi's "Joseph 
Andrvwm." and ThouiA.<i Story's " JmirniU " tielng rciui with apparently iiiuol Inter- 
NR, Mn they cnme from over the water. In I7IT be wntte for gratuitous diKtributlon 
a pamptilet, " Tbe Doctrinmi of Christianity, aa held by the people called QuolcefN, 
rlndlcated. in answor lu U. Tenneiit 'k Sermon on thi:« LttwfulneMi of War.' Withal, 
be found time to promote (ho organization of the Philadelphia Uoutrlbntionshlp, one 
of the (irst (in- insurance ronipnnfca In the country, and helpi?*! found the Ptmimyl- 
vaniatloflpilalllTMi. HewasoJitKpromiueul in I'riendfi'coimeilK. beiniccboeenanfp* 
nwntatlrr l4.>ihe Quarterly and Yearly Meeting;, and held »ame minor offlci')« nut 
Incoiudstent with )ilh prfifeM^ojns. In 17.041, and again In IT&l, he waselected a mem- 
ber of the PennHylvauiu A-s»euihly. Meantime (I74<>-T), he ha<l tiecome iimltteu witJi 
the eltarnbt fif a fair yoiui^ Krierxl. Hannah, ilaughtcr of rT-Chief-dilstii.« Jauieit 
Logan and Sarah Etead (daughter of the Hon. (.Iiarles Ktnod, of PennsylvdnlAl. She 
wailthiuid«t*er(htHl. 17-14, by an ImpnMwioDflbleyotingjfcntlcninn frr>m VlrKli'^: "Shu 
Wan tall and nleiuler. hut Exactly wd] Hliap'd; her V.yfn I-lxpresit'd a very great Huft* 
MMa. d«-uoting a Comp<w'd Temper and Sereoity of Utiiid , Her Manner v> sa Grave and 
Bewrv'it, nnd. to Im* Short. Sbo bad a aort of Majesty in hf-r Person, and Agre^-able- 
tw« in her Behaviour, which at onee Stirprized and charmed the tteholder." After 
tbitiglofriuK driicriptlon i>f Uie fair Hannah'ach&nnii. Mr. Sniiih'M predilection is not 
lo br MTondered nt. She was a delicate CKAture, and having accepted his invitation 
toaooooipauy him and his sister to Evesham Meeting, he with a lover's sotlcltnde 
for horoomfort. lioiTOwail Oo\enior Belcher's fnur-wheelud ctmiAc, naid to be the 
only vehicle of the Itind In New Jersey— to carry the parly. He returned the com- 
pliment m OoIoIkt, 17-lS, when he brought over by one of his own ships the Oover- 
Dor's Intended bride, and «u her arrival at Philadelphia priKurtMl o four-oared 
barge and iransportL-d her up the river to Biirllngton. Jonie.s Logan favored hta 
daugkler'aKuittir, and tuld hiiii the girl iiwnrd (U:0 acfck uf land, that tie would givt^ 
hcrbusbood .tTIVi. that »hc should have i.':j.000 on her father's death, and ^i.WO 
more aa tho death of Iter mother. Having duly " |ifimnl me«UDg," they were mar* 



8n^ 



ADUINIBTRATIOX OP OOVERNOK PBANKUN. fl77I 



makes two Vacancies in His Majesty's Council for 
West-Jersoy, which I hope vnU be supplied by the 
apiMiintiiK'nt of the two Gentlemen I I'ecoramended 
to youi- J^tirdsliipsin my Letter N. 35, Daniel Cox Es(|' 
and John Liiwitmce Esq*^ who i-eside in the Western 
Division. 



rivd '* 10th mo. Tth. 17-lfi **— Deoember 7. tT4B. and after Rpmdlng « dar or two at 
her rnilitrr'n pliux*, Rtenton. be 1:00k her to htx own home in bin cbalM. Slie bure 
bim rnvtrml children, but bU w«*eki« afttr tti4> hirUi uf ber last sbedted— Dfloembar IS. 
I7S1 . He appeani to hhn tjtkf^ii up a reitdeuot^ In Uuriinjctoo wune yvoraberoft* ibU, 
tN.*(m|tyiaK th« hntiite hnlll hv IiIn Tathrrln iTM—Thr Smithm nf fiurhni/tfm, paHlin. 
In 1757 be waa a subscriber to "The New Jenej Aatodation for Helplntf tbolfKlkans." 
— iV. J. But. 8oe. Proc , .lauuory, I8TK. lie was appotntexl. Deosmber It, ITV* « 
memlier of tbe Counolt, ou nvoiuuifnilation of Oov«raor Belcher.— M J. Ardiivtta, 
JX., t<7. 161, 153. In'Junn, iTQl, be was named one of the CommlMloDen to Trj- 
Pfrates.- /fi.,2Kl On the death of his wife he retired alto^vtber froni htudwM, 
and spent the rest of bis days at BurtlnKton. occupying himself In quiet work* of 
bent<Tok*Dce, and in the faithftil iJischanreof hia public and prlvat** diitim. It is 
relatiMt tluit (l<jv**mor Franklin, ha\iii(r put up for sale lUn oountrr place at Bnr- 
llni.'ion, with iu her^i of an hundn-tl d(>«r th« bellman ffotnjr about tbeftreaUctf 
IIur)in)ft«ui vet7 *mrly in tbe tnomliiff, diiiitirh4il Mr. Kntith, whom* hivilth had 
beeom>> Impaired, so that deep wait a rare pleasure to hira. I*utting his head oirt 
the window he oMkM wliat was for baIc ? " Tin* OovrmttrV Park," wiik th<' replj . 
" Put up your boll and tco home, and 1 win buy the property at the owner'n prteo." 
exclalned tbe < 'oiiaeillor, ns he closed his window and trie*! to ntmime bis distiirlird 
slnmbera. Such hi tlie Morj- of bU purchaaeof this fine aHtate.-TAe .'vmifAji n/ 
BtirttHglnn. Mr. Smiih died, aa abore stated. March SG, 1771, in hia fortynlnth 
year. Froud tayi of Idni: " Be was cmroiclai;. open, friendly and undealenfaic In 
bis aildreiw and beharlour; of a cheorful and t>eaerolent dispoaltion of inlsd; w^ 
skilled in tlie laws of his country: and rery roody. creneroui and serriceable, In rtt* 
^ng hlaoilvice and aa<jl«tnnpt'. In his relliciuUK character, hi* t-xhiblLrtl an excHWit 
example i»r true practical CHutetionlty, free from all afreL*tatIon and nArrownoasotf 
mind, He wan, Ui veTenil relattcoui, one of the bi-«t of neliehboiav and of meo."— 
nut. Pmn . II., 'Jan. Samuel Smith kuoir up n rhaincterisatlun of Um thuselo- 
quently anil fei-tluKb*: " He won, In every utmjuiral rela'ion. afTertlonaiely tender; 
a fiin>l fslher. on Induttfent mawer; be won nu>T*f. Dul I must atop— lie wni»— my 
br 'tlier, my uumt Intlmnti- friend and comiumlon I I l(«t oil that could be loot la 
\hoae relatJims."— rAf Smithn of Burlinoton, 106.-1W. S.) 




ADMINISTRATIUN 0V UOVEKNOR FRANKUX 



2'^S 



'tier from Oovernor Fixinklin to Lieutenant Arthur 
Wadmo)/^ promising him assistance in recruiting 
vieii in New Jersey. 

^^ FFromSldiiiier Papers Among ManuRcnpfe of W. A- WhltahMil, Vol 11, No. H,) 

H Burlington Mai*. 30, 1771 

^H Lieut. Wadnian 

^^ T am favomtxl with your Letter of the 21^' Instant, 
acquainting mt^ vvitli your ht'iug sent by the General 
with a Recruiting I'arty into this Province, and your 
having m;ule Brunswick your Head Quaiiei's. You 
may bo assui-ed tiiat 1 shall witli Pleasure a(fonI ytiu 
all tlie Assistance in this Service which may bo in my 
Pt»wer. T have already issued a Proclamation reqiiir- 
,ing all Magistrates and other Civil officers to be aiding 
assisting to such Officers <fc liecruiting Parties as 
be ordered into New Jersey 

I am with great Uegaid Sir, 

your Most ol>eiP Servant 

W? Fkanklin 



*.port of Richard Jackson, Esq,, on eight Acts 
passed in the Province of New Jersey in March, 
1T70. 

rFRna P. R. O. a T. New Jenejr. Vo). 10, L. ia| 

'o the Right Honoiu'ahle the Lords Commis- 
sioners for Trade and Plantations 

May it please your Lordships 

In humble olwHiience to your I^nlships rouimatuls 
Signified to me by M^ Pownall, I have pciaiseu and 



n4r 



AhMlKrHTKATION OP GOVKRNOK PRANKtlN. 



tnn 



considered Seven Acts |)assed by the Governor Coun- 
cil and Assembly of New Jeiiiey in Mai-ch 1770 In- 
titled. 

•*An Act to provide a more effectual Remedy against 
''excessive Costs in the recovery of Debts under fifty 
"pounds in this C'olony and for other purposes there- 
** in mentioned" 

**An Act for Defraying lacidental Charges.'* 

**An Act to revive and amend, an Act intitled, an 
"act for better settling and regulating the Mihtiaof 
*' this Colony of New Jersey, for the Repelling Inva- 
" sions and supprassing Insuri-ections and Rebellions/* 

"An Act for preventing dangerous Tumults and 
'* Riotous Assemblies, and for the more s|»eedy and 
"* effectual Punishing the Rioters." 

'*An Act to revive and continue the Process and 
'* Pi-oceedings lately depending in the Inferior Court 
"of C'otninoii Pleas, and Coui*t of General Quarter 
** Sessions of the Peace, for the County of Mon- 
'* mouth/* 

"An Act to enable the Owners and Possessors of 
" ceitain Meadows and Marnhes Ixtunding on Dela- 
'* ware River and Salem Creek in I^ower Pcnns Neck 
•' in the County of Salem to stop out the Tide from 
"oveiHowing the same." 

**An Act to revive an Act intitled, An Act to pre- 
^* vent wa^te from Iwing committed uixm the Com- 
"' mon Land allotted to the Patent of Secaucus in the 
■' C(»ri>oration of Bergen." 

Add I am humbly of Opinion, that the same are 
pn)i>er in |K>int of Law. 

I have also j^emsed and considei^eti An Act j^assed 
in the same Year ITVtf Intitied, *'An Act U) explain 
"and amt^nd an Act of the General Assembly passed 
"in the Tenth Year of his Majesty's Reign, intitied 
''An Act for the Relief of Insidvent Debtoi*H, and for 
*• other purposes therein montioued." 



1^71] \DJlIXlSTliAT10y OF 0< 

And I am of opiuiou, that the fi-etiiieiit and occa- 
sional Inter|x>sition of the Legislature in the Cases of 
Individuals for the puipose of stopping or diverting 
the usual Coui-se of L^al Proceedings cannot but l>e 
attended witli Danger of great Injustice, and therefore 
Uiat it is to be wished General Acts of Insolvency may 
be penned with such care and attention, as at the 
same time to include every proper case, and likewise 
to provide for tlie most etpial Justice among the Cred- 
itors both present in the Colony, and absent, so as to 
make fiu-ther private Acts of tliis sort unnecessiiry; 
wliich however well intended, and I dare say for the 
most part founded on the true Interest of the Cre<li- 
tors, yet should he avoided excepting in very urgent 
Cases, and should then be supported by a Pi-eamble 
specially stating at larj^e all the circumstances, particu- 
laily the consent exiire^^s or implied of the Creditoi's. 

In the several Cases provided for by this Act there 
are no particular Directions for the security of the 
Creditoi's, not even a reference to the General Inpiol- 
vent Acts before pjtssed, and if thew was no other ob- 
jection to the Law but what aiises from tlie total Dis- 
charge of Wilham Hewlings by tlie last Clause, I 
thmk that fatal because the pi-ecedent is so dangentus, 
inasmuch as it is not even alleged to be for the benehfc 
of the Ci-editors. But the Clause staying all proceed- 
ings against William Gerrard for five yeai*s, and 
which is n[ot] alleged to be for the benefit of all Iiis 
Creditors, though said to be at the desire of the prin- 
cipal ones, probably well intended appears to me to be 
likewise t»>o dangenms a jtu^cedent to be trusted with 
your Lordships Countenance. I therefoix? humbly 
beg leave to advise your LoiiishipB to rejwrt the Act 
fit to l)e dis-allowed. 

All of which is humbly submitted by 

My Lords Your Lrt)rdships most olxnlient 
most humble Servant 

April 9*!* 1771 R Jackson 



336 



ADUINISTBATIOK OP OOVKRKOE PBAKKUN. [1771 



Letter from Benjamin Frnaklin to Gov. Franklin 
The Ohio Affair^Thi' Assvmbbfs fiiHotveui Laws. 



Dear Son. 



LFrum Works uf Benjamui FrmakUn, Vol. VU., &1&-7.I 

London, 2o Apiil, 1771. 



:lll. 



* » ♦ T},^ Ohio afTair set^rns now near a ( 
sioii, and, if tho present niiiiisti y stand a little lunger, 
I tliink it will be completed to our satisfaction. Mr. 
VVhaHon ha-s lK*on indefatigahle, and 1 think scarco 
aiiyoDe I know besides would have been equal to the 
task, 80 difficult it is to get business forwawl here,, in 
which some |>afty purpose is not to be served, but he 
is always amon^ theui, and leaves no stone nnturnwl. 

I have attended several times this winter up«)n your 
acts of Assembly. The Board [of Trade] an* not fa- 
vorably disi>tjsed toward your insolvent acts, pi-etend- 
ing to doul>t whether distant ci'e<litors. (xirticularly 
such as reside in Enghind. may not sometimes l>e in- 
jurefl by them. I have had a good deal of convei-sa* 
tion with Mr. Jackson about them, who renmrks, that, 
whatever tho care the Ass<?mbly may, mrconling to 
my representation of their practice, take in examining 
into the cases to prevent injustice, yet u|Min the f.lhe 
of the acts nothing of that care appears. The pre- 
ambles only say, that such and such pei*s<>ns have |>t*- 
titioned and set forth the hardship of their imprison- 
ment, but not a woixl of the Assembly's having in 
quiivd into the allegations a^nt;un<xl in sucli petitions 
and found them true; not a woixl of the generjd *ton- 
sent of the principal creditoi's, or of any public notice 
given of the intention to apply for such an a(^t; all 
whiclu he thinks, should appear in the preambles, and 
then those acts would he subject to less objection and 



irn] 



ADMINISTRATION OF GOVKKNOR FRANKMN. 



a:?7 



difficulty in gottiuK them through the offices here. I 
would have you cotninunicate this to the Speaker of 
the Assembly, with my best respects. I doubt some 
of those Acts will he rej>ealed. Nothing lias been 
done, or is now likely to be done, by the Parliament, 
in American Affairs. * * * 

B. Franklin. 



LeUerfrom Ghvenwr Franklin to the Earl of Hills- 
boroHf/h, anvouneiwj the refusal of the Assembly 
to provide for the Kiut/s trtHip.\ and transmuting 
Copies of his Speech and Messages on the Subject. 

(Ftam P. R. O., AmerUs aiid West Indies, No. IM.) 

BuBiJNQTON April 30*** 1 77 1. 

To the Rt. Hon^'*^ the Earl of Hillsb^rniigh. 

Mf/ T^rd 

1 had the Honour to acquaint your Ijonlship in my 
Letter of the 27V'' of March, that I had calknl a Meet- 
ing of the Assembly hei'c on the 17"' Instant, in order 
to make Provision for supplying the Troops with the 
Netre.ssanes mquii'ed by Act of Parliament — In my 
Speech at the Opening of the Session I i-ecommendwl 
this Matter to tlieni in the strongest Manner, but they 
absolutely refused granting any Money foi* the Pur- 
pose, alledging the inability of the Colony in Excuse, 
As I had at the former Session, been so happy as to 
prevail on them to rc<*ode from a Resolutiitn of tlie like 
Nature, I was not without Ho|)es that I might bo able 
to do the same again. Accordingly I undertook, in a 
Message, to prove to them, from a State of Facts, that 
the Colony was very able t<) defray the Ex|)ence re- 
quired, and tliat there was even a Sum more than suf- 
ficient for it in the Ti*easury unappropriated. They 
retained an angry and somowliat abusive Answer, 



^KW 



ADMIKISTKATION OP OOVRRNOB FRANKLIN. 



[1771 



denying the Facts to be as I had stated them. To this 
I made a full reply, calculated to obviate any Misrepre- 
Hentations which might be made to their Constituents, 
who, 1 had Keason to know, had lieen l>efore sogi'eatly 
misled by the wrong Accounts they had received of the 
State of tlie Treasury, and the Ability of the Province 
that in several Counties they had even instructed their 
Members not to comply with the Requisition. The 
Speech, Addresses, and the sevoml Messiiges which 
passed between me and the Assembly on this Subject 
I ti-ansmit hei*ewith for His Majesty's Information, 
and have only to add, that I have Cause to believe 
that the Sentiments of the House are since much 
altered, and that at their next Session, which will be 
on the 'JH*?' of May, they wiU consent to grant the 
Money necessary for tlie Supply of the King's Troops 
in this Province. 

I have the Honour to be, with the greatest Kespect, 
My Lord, Ytair Lordship's most obedient. 

and most hunibk* Servant 
W*? Franklin 



The SiM3e<di nf Hls Elxci^lenoy William Frank- 
lin, Es<|uire, Captain (general, Grcjvernor and 
Comtuander in Chief in and over the Col- 
ony of New Jersey, and Territories thei'eon 
depending in America, Chancellor and Vice- 
Admiral (»f the same, &c. 

Gentlemen of the Council, tintl Gentltinieti of the CVen- 
end Assembly^ 
The Sum gianted at the last Session for the Supply 
of His Majesty's Troops stationed in this Colony, was 
so much below what had been annually expc^nded for 
the like Service before, that a long^n' Recess tlian you 
have had could not be reasonably ex]>ected. 



1771] ADMINISTRATION OF GOVERNOB FRANKLIN. 



330 



GtnUeinen of the Oenerctl Assembly : 

'he Barrack-Master's Accounts, with their several 
'buchers, I shall ordor to l>e laid heforo you, when I 
hope it will nppe-ar to you that the Money entrusted 
to the Disposal of the Governor and Council has been 
managed with the utmost Caiv and Frugality. Some 
of the Ban-acks Iwing greatly out of liepau*, and in 
Want of Bedding and other Necessaries, T must i*ec- 
runniend it to you to grant a sufficient Sum fiM- sup- 
plying these Deficiencies^ iis well as for providing the 
Troops with their usual Allowance. 

The principal Reason given by yon, Grentlemen, for 
not granting a larger Snra at your last Meeting was, 
your liaving heen denie<l an Act for a Paper Currency. 
But as that was a Measure to whicli (as I am assured) 
the King would not have with-held his Royal Concur- 
rcncc, if it could have been given without violating 
the L#aw and the Constitution, I shall hope that you 
will not again nrge a Point that must now appear 
neither becoming nor decent, but that you will as 
cheerfully and readily as heretofoi-e make <lue Pnivis- 
ion for this necessaiy Service. Besides, when you 
consider, that upon the first Appearance of a Ru[»ture 
between the Ci-owas of (rreat- Britain and Spain, I 
received assurances that in c^ise Matters should, con- 
trary to His Majesty's just Exjiectations, come to Ex- 
tremities, the Seciuity of his American Dominions 
should l)e a pnncipal Object of His Majesty's Caiv and 
Attention, you cannot, 1 think but be impressed with 
the most lively Sentiments of Gratitude, and be happy 
in an Opportnuity of manifesting them by coiTesix>nd- 
ing Actions. 

Gentlemen of the Council^ and Oentkmen of ike Gen- 
eral Assembly : 
During the late Pi'os|)ect of a War, the defenceless 
State of this Province nnist n<:« doubt have occurred to 
you, and to the People in general. His Majesty's uni- 



uo 




ADMIXIBTKATfOy OF 00VEB£70n PRANKLIK. 



form Wishes to proHerve the puhlic Tranquility iimy 
not alwayH l>e sucwssful. A Time of Peace, however, 
is certainly the best Time to prepare for War,' and 
there is no knowing? how soon such an Event may 
hai>pen. This i» therefore a Matter worthy of your | 
particular attention. For my Part, 1 know of Noth- 
ing we have to rely on, under God, for oui* i'rotoctioa 
a^iinst the sudden Attempt*? of an Enemy, but the i 
Regiment of Regulars which His Maje,sty ha« Iwen so 
kind as to aflfoitl us, and the Militia. I'Yom the scat- 
tei^ed Rt-sidcnce of the latter, and their Want of Disci- 
pline, nuicli cannot l^e expected from them on such 
Emergencies. — I have some Time ago, indeed sent 
Orders to the Commanding Officer of the sevoml I 
Regiments, to have their Men as frinjuently exercised ' 
and as well disciplined in every liesiiect as may be iu 
their Power, and to be particularly careful that they 
may l>e provided with the Ai-ms and Ainnmnition ro- 
(piii-ed by Law, but you must be sensible, that while 
tile !i;iw allows of so few Days of Muster, the People 
cannot ho bn)Ught Into pr<>|)er MiliUiry Oi-der, Whether 
theioforo it would not l)e better to adopt sonie such 
Regulations for the Militia as are now established in 
our Mother (Country, I submit to your Consideration. ; 
In the me;in Time, as His Majesty has been graciously 
plnased (o oixler the several BatUilions now serving in 
Amf^rtca to be complet+»d as sfH>n as possible, you have 
nn Opportunity, by giving some additional Boujity, or 
other Encoui-agenient that may induce a Number of 
His Majesty's faithful Subjects of this Colony to eit||| 
gage in the Service, not only o^ den^onstrating your 



' The RcT. Aaron Burr, hi *'A Dtucourw lirflvcretl In Si-w-Ark. to S»w Jenn^. 

jAnuary 1. ITM." i»« iW(t exprea«lnu tiiiH*akfi« of tbo thn»Unif>I IVi»ch wBrt: 
•'The WAjtoharePcutsplnthepreK-Qt ei'tf. U t"* maltB « »p<v'Ij a«"I TlK"»ri«i» 
Prrpumtlotk for W«r." In a «pet*ch u> Cottpi**. JwiiiAry H. i:w. WjwhtnKtim imt 
lh*» nmx Wi» ihu»: " To be prefMUvil for ww \« on** of the mtwix •ffpctiml ^rutnn» 
of im-^rvinK i»eiww." The L»Uo proverb 1*. " i>i ru piieeiH. pnnt brtlnm'—Miig. 




1771] ADMINISTRATION OP OOVgBNOH PRANKLtN. 341 

Loyalty and Gratitude, but of providing in the most 
essential Manner for the Security and Defence of the 
Province. 

Tlie Indians of the Six Nations, and their Allies and 
Confederate.s. having lately couijilained of the Abuses 
and Violences committed by the Traders and Frontier 
Inhabitants of several of His Majesty's Colonies, and 
intimated the bad Oonsoqucncos which ai-e likely to 
liappen. if they ai*e not redressed, His Majesty has 
thought proper to signify his Pleasure that I should 
represent this Matter in the strongest Manner to you, 
and urge you in his N:niie to fall upon some Mwms of 
putting Indian Affairs under such Regtilation as may 
have the Effect to prevent those Abuses of the Trade, 
and those Violences and Encroachments of the Fron- 
tier Inhabitants of which the Indians so justly com- 
plain. — The Goveniinents of Virginia^ Penn sylvan ia^ 
Netv-Vork and Qnebfc, have, as 1 understand, alivatly 
appointed Commissioners, who are to meet together, 
and form some Plan for this desirable Pnqiose. And 
though this Colony has little or no Concern in the In- 
dian Trade, and the Indians have not sustained any 
Violences from our Frontier Inhabitants but what 
they have received ample Satisfaction for, yet as we 
must be eventually interested in whatever may affect 
the Welfare and Safety of our neighbouring Colonies, 
I cannot but recommend this as an Object deserving 
your most serious Consideration. 

I have lately received two Orders of His Majesty in 
Council, which shall be communicated to you; the one 
disjillowiiig an Act |>assed in June I7*t.*) intitled, **An 
Act for regulating the Practice of the Law and other 
Purjxtses tlierein mentioned." (which Act was ren- 
dered unnecessary by a subsequent Act of the Ivegis- 
latareof this Province;) the other confirming an Act 
pa86e<l in Mttt/ llfSS, entitled, -'An Act for clioosing 
Be{M*esentatives in the Counties of Morris, Cumber- 
16 



94^ AJiXINfSTKATION pF GOVEKNOR FKANKLIN. ' [1771 

land aiid Sit-fise.v, and directing the Morris County 
Taxes to be paid into the Eastern Treasnry of this 
Colony." 

WlUJAM FRAXKUS, 

Council Chamber April 18, 1771. 



To His ELKcellency William Franklin Esquire 
Captain General, Governor and Commander 
in Chief in and over His Majestys Q)lony 
of Nova Ca^area or New Jersey and Terri- 
torias depending thereon in America, Chan- 
cellor and Vice Admiral in the same &c. ^M 

The Humble Addi'ess of the Repi^esentatives of 
the said Colony in General Assembly con- 
vened. ^^ 

May it please yonr Excelleun/. ^^i 

We His Majesty^s Dutiful and Loyal Subjects the 
Rt^pi-esentatives of the Colony of New Jersey, in Gen- 
ei-al Assembly convened have taken into our serious 
Consideration your Excellency's Speech at the Open- 
ing of this Session, and can truly inform your Excel- 
lency That the State of this Colony is not altei^ for 
the better since the last Session at Perth Amljoy. At 
which Time this House informed your Excellency 
That they could not grant further Supplies for His 
Majestys Ti*oops with<nit laying new Taxes on the good 
People of this Colony, who areah*eady burtliened \\ith 
a heavy Debt contracted for his Majesty's Service dur- 
ing the late War. We therefore cannot, cousistent 
with the Duty we owe our Constituents comply witl^i 
your Excellency's Elequiaition at present. ^M 

Tbe Militia Law now in Force, we conceive may b^i 
sufficient for all tht* Pm-poses intended thereby. 
We would, on all Occasions, do the stiictest Justice 



1771] ADMIXrSTKATIOK OP OOVERKOR PRANKLIS. 243 

to, and cultivate the Friendship of the several Indian 
Nations. But They have received full Satisfaction 
from this Colony & publickly acknowledged it. And 
We having no Trade or Traders among any of them 
cannot conceive it necessary to appoint Conimiasion- 
ers on the Part of this Colony, 

We are truly thankful to our most Gracious Sover- 
eign for confirming the Law for choosing Ri>pre,senta- 
tives for the Counties of Morris, Cumberland and Sus- 
sex, by which the Good People of those Counties will 
be equally Represented. 

By Order of the House 

Step*^ Crake Speaker 

House of Assembly April 2(»'.*' 1771. 



A Message to tlie Assembly. 

fentieme)i^ 

It is not without much Uneasiness and real Concern 
that I find myself under a Necessity of aniinailverting 
on that Part of your Address which I'elates bo the 
Royal Requisition, and the Resolve of your House on 
wliich it is founded. My Duty to His Majesty, and 
my Regard for his Subjects in this Province, will not 
permit me to pass over in Silence a Matter in which 
his Interest and their Welfaix^ an? so greatly concerned. 

The Resolve asserts in ]>ositive Words, *'That the 
Colony is not of Ability to make any farther Provision 
for the Supply of HLs Majesty's Tr<M>ps stationed in 
this C-olony.*' The Address i-ofcrs me to your Message 
at the last Session at Perth Amhoy^ an c<»ntaining your 
present Sentiments, and you are pleased to say that 
you **can fjuly inform me that the Slate of this Col- 
ony is not altei'ed foi* the t*etter since that Si»ssion." 
You do not. however, pretend to say tliat it is altered 
for the worse. But whether the State of this Colony 




-4544 ADUIKISTKATION' OP OOVRKNOR PBAN'KLIN'. fl77I 



has, or has not improved within the last six Months, 
is a Question of great Nicety, and which, I believe 
neither you nor I are possessed of sufficient Data to 
determine, nor, if we wei-e, is it a Matter of any Con- 
sequence to the Point under Consideration. If I was 
to hazar(i an Asst^tion on the Subje*;t, it would lie, 
that the Colony must be in a s»>ruewhat better State 
than at that Time, as it lias been, for many Years 
past, in a gradual Course of Improvement, and noth- 
inj^ particular has since happt^n'd to its Detriment 
Disadvantage. 

But the Point really necessary to be considered. Gen- 
tlemen, iSj Whetlier the State of the Colony, as set 
forth by the House at the last Session, is justly and 
tndt/ repi*esente<1 to me in their Message I I must 
confess tliat I did not then, nor do I now view it in 
that Light; but as you nevertheless granted a Sura of 
Money for tlie Purpose i*equested, I Wfw content at 
that Time to let it pass over without any Observations; 
tho' not without Hopes, indeed, that before another 
Session you would be sensible of my Kindness in this 
Respect^ and by a subsequent Conduct evince that you 
wished to have it forgotten. 

However, Gentlemen, as tJiat is not the Ciiso, and you 
still ve\y on the Declarations contaiiietl in that Mes- 
sage, I sliall first state them, and then candidly exiim- 
ine whether they are or are not founded on Facts. The 
Message sets forth •' That as the House wei*e denied a 
" Loan -Office Bill, they wei-e thereby deprived of all 
^' Meatis of complying with the Royal Requisition^ 
*' without introducing tu'w Taxes on a Pei>ple ah-eady 
^'grievously burtheued by their Zeal for His Majesty *s 
" service during the /«/*» War; * * that .*/«oe the 
** War the Colony has incm^red a very heavy Debt and 
" neai'ly e^thausted the. Treasury, * * * that they 
" have ali*eady expended very large Sums tliat the 
'* Peace of the Colony might not l>o inlerrupted 



B 




1771 



ADMINISTRATION OP OOVfillKOrt FRAKKLIN. 



245 



*' * that the House were induced to comply mth 
" my Requmition at that Time in hopes that they 
"should not l>e afterwards called upon for further 
" Aids: * * * and that tliey request that I would 
"lie pleased to use luy Influence that tiie Colony may 
" be eased of a Burthen so Excessively grievous." 

I cannot but remark here, iiow very different tliis 
latneutable Description of the State of the Colony is, 
from the one given by you in the Act for settling the 
Quotas of the seveml Counties, passed no longer ago 
than in December 17*it». The Reason given for that 
Act in the Pi'eamble is, that *' since the last Settlement 
"of the Quotas by the Act passed in the 2r.th Year of 
" King George the Second ( 175o) the Circumstatices of 
"this Colony are much altered by the great Improve- 
^*tnents made therein, by its Increase axid Popnlniiou, 
" and the Erection of a new Count tf, whereby it has 
"become necessary that a new Settlement be made/' 
(frc. And, indecHl, this must I think appear a very 
just Representation to whoever will consider that the 
Price of Wheat has risen, since the Commencement 
of the late War, from Four or Five to Seven Shillings 
a Bushel, and the Rest of our Produce iu nearly the 
same Projiortiou, and that we find a ready Sale, and 
ready Money, for all we can carry to Mai-ket. 

Youi' Assertion that by being denied a Loan-Oflfic« 
Bill you Vfk'W deprived of a/l 3ffa//,s<)f rornplying with 
the Rot/af Requisition without introducing inur Taxes, 
does, I i>wn, givatly astonish me. Could yuu, rientle- 
men have been ignorant that there was at that very 
Time upwards of Ten Thousand Pounds at the Dis- 
posal of the Legislature of this Province, besides sev- 
eral Balances of unsettled A<-c<>unts to a considerable 
Amount, being Pai-t of the Surplus Money made cur- 
rent for His Majesty's Service during the late War, 
for which no neu.^ Tax coultl be anyways necessary, as 
the Sinking of it had been long before provided for by 




240 



AOMINISTRATION OP GOVERNOR FHANKUN. 



1771 



I^aw. Above Half of this Sum was then actually 
in the Treasurj*, ready for inmiediate Use, and the 
Remain<Iei% tho' not there, might be called in whenever 
the Ocrasions of the Province made it necessary. 

The present State of the Fundn at the Disposal of 
the Legislature, as I have it fi-om the Tivasiirer, is 

In the Eastern Treasury, Cash in Hand £17T3: 4: ii 
In the Western Trea^suiy, Ditto 2150: 3: 6 

Debts ascertiiine J, and for which Secm*- 
ities are taken, besides the unset- 
tled Balances before mentioned 4359: 14: 11 



Totiil, £S28V«: 2: 11 



Of this Sum there is only about Half a 
Year's Supfvort of Government, and 
the Money formerlj- i-cserved by 
Law to be apply*d by the Commit- 
tee of Correspondence, which c^n 
l>e said to be appropiiated; and if 
we allow for this, and the Inciden- 
tal Chai*ges which may arise. 



2350: 0: 



still there will remain at our Disposal £'tio3!»: 2: II 

Now we have Reason to think from the Exj>onment 
whicli has Iieeu made since the Disposiil of the Money 
for furnishing the Troops lias Ix-en left to the Gover- 
nor and Council, that it will not (when the Barracks 
are properly ropain»d and furnished) take a Sum ex- 
ceeding Twelve Hundred Pounds Curi*ency p^r Afi- 
num, to supply the same Number of Men as at present 
with hII the Articles required by Law; tho there hasi 
been hei\^tofore, as 1 understand, near rlouble that 
Sum expended for this Puipose, whereby the Pix)vince 
must probably have |>aid several Thousand Pounds 
more than was necessiiry. If we therefoi-e only de- 
duct fronj the Money actually in the Treasury, viz 




[11 requisite 
Support of the GoverDnient, £1^50: (►: o and 
for completing the Year's Allowance to the Troops. 
7«Kt: i>: {i^\\)r>ii: 0: (► we yet sJiall have in hand, with- 
out calling in a Faithing of the Sums outstanding 
:i979:8:0 

But when it is consideied that the Whole of our 
Paj>er Money was ongir»ally made cun*ent for HLs Ma- 
H^ty's Service only (as you have re|x'atedly acknowl- 
edged in your Support Acts, and jtaiticularly in your 
last Quota Act) with what Colour of Rea.son t^an you, 
^Bentlemen, refuse to apply it to His Majesty's Use up 
on proper Requisition lH.M'ng made to you fn his Name 
for that Purpost^ ( For the Money, I apprelieiid, 
whfle any of it remains in the Treasui-y, ought to lie 
appropiiated as his immeiiiate Service may, from 
^Time to Time, require. 

H^ Your Denial of the Sum requestetl is, I)e8ide8 alto- 

^■Mber inconsistent with the repeated Declarations 

^^Sade hy the late Asserahly at the Times of the Stamp 

and Duty Acts. In a Resolve of the Sothof November 

7«5, tliey declare '*That His Majesty's Subjects in- 

"hahiting this Pi*ovince are fn^m the Sfrtmtjp.st Mo- 

"^ tires of Dnhj, FideUtij and (rtaittude^ inviolably at- 

Hf' tached to His Royal Person and Government, and 

**have erer shewn, and they douht not ever vifl^ their 

'* utmost Reudi'ncss and Alacrity for acceediinj to 

Hf* Constiluiional Requisitions of the Cinivn.-^ In an 

^B.ddress to the King on the Rej)eal of the Stamp Act, 

^Wiey ** assure His Majt^sty that as they have //treYo- 

^P*/ore granted iVids to the Crown, suitable to their 

^^'Circumstances; so whenever Requisitions are made 

*' for that l^iqwse, in the ancient and accustometl 

*' Manner, their Dtdy to His Majesty, and Concern for 

*' the Gtonj and Tvierest of Britain, will ever induce 

' eerfuily to rowyj/y then? with to the utmost 

ibiiities."' And in their Address to me on 



'248 ADMINISTKATION OF OOVERNOB FAAXKUV. [177i 



the 23d of June 17fi7, they say that "His Majesty's 
gracious Reception of their Address, and Approbation 
of the Behaviour 4»f tliis Colony, is tmly agi*eeahle to 
the House, and cannot fail of insptn'ng the Inliabi- 
tants of this Colony with Resolutions to improve every 
opportunitif of meriting it fiom the bt?st of Sover- 
eigns. " The same Sentiments are likewise repeated 
in the Petition to the Crown in May 17»iS; but how to 
iv<;oncile them to your Conduct on tlie present Occa- 
sion is not in ray Power. Instead of manifesting that 
Duty, Fidelity. Ctratitude, Readiness, Alacrity, cheer- 
ful Compliance, d'v. of the Inhabitants of this Colony, 
of which your immediate Pi*edece88oi*s in Assembly so 
much lioasted, you now tell me that you cannot, con- 
sistent with the Dkity you owe your Const itnents^ 
comply with tlie Rei/nisition which I have made to 
you by Order of His Majesty. After this, can you 
reasonably expect that the King will ever pay Regard 
to any Declarations from the Assemblies of this Pro- 
vince i 

You allerlge, however, in excuse, that **the People 
*' fire already grievously bunlened by theii* Zeal for 
'* His Majesty's Service during the late War.'' I am 
far, Oentlemcn. from wishing to depredate any Merit 
that this Colony may have acquii'ed at that Time; — 
but when you speak, in such a T*>ne of Disti-ess of the 
excessitvly grterous Burthen that it sustains, and 
ui*ge that a>? a Re^ison for not complying with the pres- 
ent Requisition fmm the Ci-own, you make it neces- 
sary for me to enquiiv more particulai'ly into the 
Foundation thei'e is for such an Asseilion, 

It appeal's that the Sum of £;U7,.^Oo was struck dur- 
ing ten Yeai-A, on Account of the last War with 
Franct^^ and the one which followed with the Indians. 
Had this 8um been sunk within that Time, it would 
have lMH*n neccssai'v to have raised on the People 
£34,760 Cuniency per Annum by Taxes; but upwards 



L771] ADHINISTBATION OP OOVBBKOR PRANKLIX. 



:i49 



I 



of twenty nine Years (from 1755 to I7s3 both inclu- 
sive) are allowed by Law for sinking tliat Sum, in the 
following Propoi-tions, tnz. 

In the 3 first Yeai*s none of the Money curi-ent was 
allowed to be sunk. 

or i! years afterwards 
there was ordered 

to be sunk . . £5,oori per A7i7ium 10,000; 0: 

2 Ditto .... 10,000 per Ami. i>u,(iOo: O; o 

11 Ditto .... l-->.5<M-f Do 1^7,500:0:0 

2 Ditto 15,000 Do l.S0,fKM): 0; 



» 



9 Total, £3+7.5(»0:O:0 

The gi'eatest Part of tbis Money was not. by Law, to 
begin to sink until it liatl l>een current several Yeai-s, 
me it for 17 or is Years. From the Use of so much 
oney for so long a Time the Colony must have re- 
iv«l very considerable Advantages. Besides, it 
hould be considered, tluxt as a large Sum must of 
urse be destroyetl and lost by Accidents, it is so 
much clear gain to the Province; for the Money raised 
for sinking of it may be apply-d towards the future 
Support of Government, whereby Taxes for that Pur- 
pose, to such an Amount, will not be necessary. But 
will any Man who knows the true State of this Colony 
pretend to say that Fifteen Thousand Pounds Cur- 
rency a Year, which is the greatest Sum trO be !'aist*d, 
can be a yrievniLs Burthen on the People '. Thus Yeai-s 
Tax amounts to £12,500 and I am well as8ure<l that 
thei*e is not a County in the Province where the Tax 
will come to above Six-pence in the Pound on Lan<l 
and Stock, and in many not above Four pence; though 
none but profitable Tjand is i-ated, and the best upon 
an Average in a Township, at not above, if so much. 
as Twenty-five or Thirty Pounds' per Hundred Aci*es, 
jibut by far the greatest Part considerably under. In 
Bnrliugiou County where I i*eside, the Aasessoj-s are 
lestncted by Law from valuing any Tract of Land at 




•250 



ADMIN"ISTRA.TtON OF OOVeRKOR FRANKLIN. [1771 



above £45, or under £fi i>er Hundred Aci-es which is 
much above several other Counties, and as high a 
Liiiiit*itiou as that of any others (extvpt Somersft and 
Salem where the highest Sum allowed is £5".) yet no 
Lands in this County are rated on an Average in any 
Township, at al)ove Twenty Pounds ytev Hundre<l 
Acres, and the Tax (x>n3es to little more than Four- 
pence in the Pound; nor would the Amount of the 
Tax paid for all the Ctrtainties^ as they are called, if 
it was likewise laid on the Land, make it Six-pence in 
the Pound even at its pi-esont low Valuation. — Com- 
|>ai'e this, Gentlemen, with what is paid by our Fellow 
Subjects in England on their l^anded Proi^rtv, which 
is Four Sfnflh){f,s in the Pound, l>esides innumerable 
other Taxes unknown to the People of this Country. 
Compare it even with the Taxes paid by some of the 
New-Eiujiahd Governments or with those paid by our 
neighbouiing Colonies A>m;- ForAr and Peiiustfltnnia, 
and you will find it so much below them, that I am 
Convinc(*d you will be ashamed ever to mf>ntion the 
Words grievous Burthen again on any such Occasion. 
But when it is known that the DonatinH you received 
from the Pailiament during the War amoimted to 
£7y,#>68: 2: 0, Fart of which, being appropriated to 
your Sinking Fund, ea-entpted yon from any Prot^'n- 
cial Taxes for near ^\e Yeai-s, and another Part is 
the Money you have in Debts outstanding on Security, 
your (jrievous Complaints must appear very extraor- 
dinary indeed ! 

What you mean. Gentlemen, by saying that the 
Province has incurred a very heavy Debt since, the 
War I cannot conceive, as I know of no Debt the Pro- 
vince owes but what is included in the £347,.''i<h' men- 
tioned in the Quota Act to have been "struck in the 
''last War with France for the Use of the Crown.** 
Of this Debt there remained to l>e sunk fi-om the Time 
when that Act |)ii.HsfMl in 17tlS», Ut the Year ITHS, a>K»ut 






1771 



ADMIKISTKATION OF OOVERNOH FRAKKUN. 



251 



i|Ihii 




190,000. Nor can I compmhend what is meant by 
e " very large Sums expended, that the Peace of the 
Colony might not be interrupted.'' If the Money an- 
nually granted for the fiupply of the Ti-oops in the 
Ban-acks since the War, is here alluded to, I have only 
to say that timfc also was taken out of the Sum struck 
in the la«t War for the Use of the Crown; and that if 
you are still disi>ose<l to preserve the Peace of the Col- 
ony, you will imraediately apply a Part of the Re- 
Hinainder of that Fund to the same Purpose. 
H There are many other i^asons which 1 could urge 
^fcn this Occasion, but as I havo already, I hope, fully 
8heH*n to your Satisfaction, That your House has the 
Means of complying with the Royal Requisition with- 
out introducing new Taxes— that the People are not 
rievofi.sly fmrfhened on aiX'unut' of the late War * * 
at the Colony is of sufficient Ability, even if a new 
X was neces.sary, to make fnither Provision for the 
upply of His Majesty's Troops, 1 cannot therefore 
ut flatter myself that you will on mature Consider- 
ation, recede from your late Resolution, and grant the 
Sum required. 

But if you should, nevertheless, obstinately pei*8e- 
vere in setting youi*seIves up in < )pix)sition to the King 
and r*arliament, when you have not even the Assem- 
bly of any neighbouring l_^olony to countenance your 
Proceedings by a similar Conduct, you will, I believe, 
in the Opinion of eveiy sensihle Man, act a Part ex- 
tremely rash and imprudent, and big with Mischief to 
your Constituents. 

WiLUAM Franklin, 
April 23, 1771. 



Ordered 

That Mr. Price and Mr. Day, do wait u])on His Ex- 
cellency with tht^ following Message in answur to His 
Excellency*8 Message to tliis House of the 2;Jnl Instant. 



252 



ADUlXISTfiATION OP QOV£HNOR FRANKLIN. [1771 



May it please your Excellency. 

Tlie State of this Colony is justly and truly repre- 
sented in our Message to your Excellency at tlie last 
Sessions; yet. nevertheless as at that Time thi* \V*inter 
was approaching, and we being in Hopes that you 
would use your Influence to have the Burthen lemoved, 
and that the House should not be called upon for fur- 
ther Aids, on that Accoimt we granted a Sum of 
Money for the I^urpose i-e^juested. 

We cannot hut remark here, how very different 
your Excellency's Dis<.iiption of the State of the Col- 
ony is, from the One given by yon in the Bill, entitled, 
**An Act for striking i:iot»,ooo in BiUs of (^redit," 
paswHl no longer ago than in Dtfcewber I7*»i'. The Hea- 
son given in the Preamble of that Bill is, Whereas the 
great Disti*ess in which this Colony for several Years 
passed has l)een involved in foi* Want of a sufficient 
C*iuTency, both as a Medium of Commei'ce, and to pay 
Del>t^. hath conijielled veiy many of tlie Inhabitjints 
to s«.'ll their Estates, or suffer them to be sold at an 
accimmlated Expence by the Sheriffs, frequently for 
less than Half the Value by which the Merchants, 
Manufacturers and Traders in Ureal Britain, and 
other Creditors have been gi'eat Sufferei-s, which 
Grievance iu all Probability will much increase if not 
speedily remedied. That Bill failed, and the C'ircum- 
stances of this Colony are not since altered for the bet- 
ter; Lands have continued and still do continue to sink 
in Price, and are sometimes sold for less than one 
third Part of the Value they were sold for a few 
YeAi-s ago. 

The high Pi'ice of Wheat is owing in Part to there 
not being enough to Supply the Demand, occasionetl 
by the Failure of the Crojis, the Consequence of the 
Land l)eing nnich worn, and the Badness of the Sea- 
sons; so that a Farmer notwithst^^inding this high 
Price does not get as much now for his Year*s Labour 



ADMIXISTRATION OF OOVEBNOH FRANKLIN. 



Vi% 



as he formerly did when ho had a full Crop. But there 
ai-e not one foiu'th Part of the Housholders in Nera- 
Jersvff that raise Whoat to soil, most of the Rest buy 
that necessary Article; and the high Price that Bread 
Corn, and other Provisions now sell at has reduced 
large Numbers of the Iniiabitants of this Colony to 
great Distress, and is v^rv sensibly felt by many more. 
How your Excellency happened to account the high 
Price of Wheat at this Time among the Riches of this 
Pi-ovince, and fmm that Error give the State of the 
Colony in the Manner you have doue, we cannot ac- 
(^oiint for otherwise than by the Astom'shraent you 
■nfoss yourself in when you drew tliat Message 
Your ExceUency's Arithmetic strengthens our Argu- 
ment by j)rf)viiig thut in the Treai^uries of New-Jer- 
sey there is no more than t:H*.*29: S: in Cash. This 
small Sum is now chai-ged with upwanls of Seven 
Months Suppoi-t of the Civil (rovernment, Payment of 
thti Incidental Charges, £.44 to the Executors of Mr 
ParkeTy £50 to disabled Soldiers, about £. I5o to the 
Barrack-Maatei-s of New-Brunsivick, £.^00 to the 
^^.geut, £.1000 h'able to be drawn by the former Com- 
^Bbittee of Con'espondenct% and near £. lOo by the pres- 
^«it Committee, above £.20oo liable to be drawn by 
^^he Eastern Proprietoi*8 Bounties on Hemp and Flax. 
We can by no Moans consider what is due to the 
Ti-easury, as Money in our Power. The Reason of 
that Money being outstanding, is because the Debti^rs 
I paunot possibly procure it without the Sale of Lands 
^kreiitly under Value, and is one of the many Proofs of 
^ihe Disti*ess of this Colony. 

Our refusing the Demand is no Way inconsistent 
with the Reason given by you in the Preamble of the 
iCt for settling thn Quotas passed in December 170!>. 
:tween IT0;'> and 17'fl*, the Circumstances of the Col- 
ony might be much altered, great Improvements made 
irein by its incix^ase and Population and one now 



^54 



ADBIIXISTRATION OP OOVEHNOn FKAKKUN. 



11771 



County erected: And these Circumstances might and 
did occasion a new Reflation for raising Taxes, but 
that (l<jes not {)rove that this Province is not now in 
distressed (Mrcumstauces, and the Inhabitauts borne 
down with Debts; on the Contrary, that is a Fact 
notorious to the wliole Colony. 

This Denial does not interfere with the Assembly's 
Resolve of the 30th of Niyvetnber 17t>5. The Conduct 
of the late and present Houses of Assembly respecting 
tliese Troops i>roves that Resolve to be true. They 
and we from the strongest Motives of Duty, Fidelity 
and Gratitude, and inviolable Attachment to His Maj- 
esty's Royal Person and Oovernment have provided 
for the Subsistence of the Troops iu Question* at above 
£2,00<) p<ir Annum^ including the Articles supplied the 
Barra<*ks for their Use for several Years i>nst, and even 
at the Time of passing the Law to give €.500 to the 
Governor for their Supply, there was Wood in the 
Barmcks to the Amount of more than €.300 that had 
l>een purchased by the Barrack-Masters and has been 
expended since your Excellency had the Management; 
so that in the Five Months they have cost us above 
£700, besides mauy Repaii-s that the Barrack- Masters 
added in that Time, and do continue to add. The Dis- 
tresses of this C'olony having arisen to a gi>3at Height, 
and the late ai^poiinmce of a War being now over, we 
do think that Kxpence ought not to be continued upon 
UB indefinite. 

Nor does this Denial contradict the Addresses and 
Petition your Excellency ra^'utions; there is nothing 
in any of them tliat alters the Constitution; there is 
no Reason to think that Asset ubly intended it should: 
it was not understood that it did. The Worils do not 
beat that Inteq^retation. Resolves and Addresses can- 
not alter the Constitution. Those concerned in these 
Tran.sactions wei*e not so weak as to suppose it. Noth- 
ing less than an Act of the whole Legislature can do 



ADMINISTKATION OP OOTEBXOB PBANKUN. 



H 



it. But on the Contrary, the Assembly was left in 
full Possession of their antient Right of judging on 
that Subject, and the wliide Constitution in its full 
Efficacy as it was before that Period. 

To your Excellency's Question " Whether we expect 
the King will ever ])ay liegard to any Declarations 
from the Assemblies of this Pi*ovince?" We answer. 
We hope He will. We are determined to do every 
Thing in our Power to deserve his Love, and his Con- 
fidence. The Question comes untimely and improperly 
from your Excellency, and doing so makes it serious. 
We should l»e glad of good Reasons to hope that your 
subsequent Conduct will evince that you wish to have 
it forgotten. 

Youi* Excellency's elaborate History of the Appro- 

riations to the late Wai* has not the Effect you intend. 
It onJy provt^s the Duty an<l Loyalty of tliis Colony to 
His Majesty; that when it was necessary we entered 
80 zealously into His Majesty's Measures, and provided 
so largely for His Foice.4, tluit in a few Years we mort- 
gaged our Posterity down to the Year lT.s:i; and that 
your Excellency desires us to make that Burthen yet 

eavier. 

To judge of future Events by the past, in this Case 
18 a good Rule; and we herohy assure His Majesty, 

hat when similar Cux:urastances shall occur, we shall 
ely as heretofore exert our utmost Abilities in his 
Service. 
Your Exc<?llency has strangely blended the Taxes in 

his Province with tliose in Kiujlaad^ iis it they wore 
raised on the same plan. Tlieir Taxes are laLsed on 

he Pound Value of tlie Annual Rent of their Lands, 

irs on the Pound Value of the Capital. But what is 
your Exceleucy's Observations on that Head ic* the 
Purpose ] If they pay higher Taxes than we, must we 
run ourselves in Debt for the Sake of paying as high 
Taxes as they do i that's a strange Way of demon- 

trating Loyalty. 



^^ha 



250 



ADMIHI8TRATI0K OP OOVBRNOU FRANKLIN. [1771 



Vour Excellency sa>-s, that in this Province "none 
but profitable Land is rated." We believe that one 
Half of the Land in Netv-Jertiey that is taxed is not 
piofitable to the Owner, for if a Man owns ever so 
much in a Ti-acU if "«y Pnrt of it is improved the 
whole Tract is rate^i. 

The Reason that your Excellency and wo give such 
different Accounts of the Riches of the Province, is 
easy to account for: You see nothing hut Affluenr*, 
we see the Distresses of the People. Therefore we 
have the l)e3t Right to Credit, as we have the best 
Means for Information. 

Your Excellency's last Clause is alarming, as it's 
plainly caloukited to set us in a bad Liglit with our 
Sovei'eign. by impressing an Idea that we are olxsti- 
nately setting ourselves up in opp()siti«.>n to the King 
and Parliament, and obliquely intimating that we are 
desirous of the Countenance of other Colonies to sup- 
port us. Sentiments that we disavow in the sti'ongest 
Manner. We are firmly attaclied to our most gracious 
Sovereign King Geoiye the Third, and think our judg- 
ing of the Abilities of this Colony and the Application 
of the publick Money ought not to l>e represental as 
setting ourselves up in Opixmition to the King and 
Parliament. 

By Older of llu* House 

Rich Aim Smith, Clerk. 

HfMiso of Assembly April 'J5, 1771. 



A Message to the Assembly. 

(wenfiemrn 

I little Husjiected when I sent yim my Message of 
the 2^rd Instant, that it could possibly have given you 
such offence, or subjeeted me to receive such Lan- 
guage from a Body of Men whom I have always 
treated with liespect. If 1 kuow my own Heart, that 



Message was dict-ated by the truest Regaivl for the 
p;ood People of thus Pt-ovinoe, and 1 do not yet despair 
hut that such of them, who have Discernment enough 
to see their own tnie Interest, will at some Time or 
other view it in that Light, notwithstanding the Cloud 
of Dust you have at present raised may conceal from 
thf^m the true State of the Province. I shall not, 
however, return Railing for Railing, nor take those 
Advantages which the Manner of your Answer 80 fre- 
quently throws in my Way» nor, indeed, should I give 
myself the Trouble of making any Observations on 
the Matter of it, if I could avoid it consistently with 
my Duty. 

W'^hen by His Majesty's Order I called upon you to 
grant a Supply for the Troops, you, I thought, rather 
too i>recipitately resolved not to comply with the 
Requisition, and referred me to your Message at the 
last Session for your Reasons. That Message con- 
tamed nothing but general Assertions, in suppoii of 
which not a single Fact was offered. To have i*e- 
tunied only general Assertions to the contrary could 
have answei^ed no valuable Pui-pose. The Point nnmt 
still have remjiined as undecided as before. I there 
foiv judged that the best Way to come at the Truth in 
n MatU^r of such Consequence to the Publick, would 
be to state the Facts as they apiieai-ed to me, that if I 
was mistaken in any of them you might set Tnr light, 
or if otherwise that you might be induce<l to recede 
from a Resolution which seemed to threaten mischief 
to yom* Country. If you had jjointed out to nie any 
such Mistakes 1 should very candidly have acknowl- 
edged them, and thank*d you for the Information, 
But. insl^^jid of pursuing this Plan, you have for the 
tn*>st Part contented yourselves with repeating your 
Assertions, and where you have venture*! to have He- 
course to Facts you have either mistato*! or misit^pre- 
tiented them; a Conduct no ways becoming any one, 
17 



L. 



!te8 



ADMINISTRATION OP OOVRRKOR PRAS^LIN. [1771 



but much less so i-ospectable a Body as the Repi'e«en- 
tatives of a free People. That I elo not say this, (ien- 
tlemen, without |)roi>er Fouudatiou, will, I doubt not, 
HufiScieiitly appear iu the Course of the Olwervatioiis 
which you have put nie under a Necessity of making 
<m your Answer to my Message. 

You set out wuth declainng that the State of the Col- 
ony is justly and truly represented in your Message at 
the last Session, and endeavour to prove this by show- 
ing that it is similar to '*the one given by me 
in the Preamble to the Bill for stnking £]iHi,iuyo 
passed in December 17Kl», This is the fii^st Time I be- 
lieve. Gentlemen, that ever a Governor was supposed 
accountable for the Truth of any Kepresentations con- 
tained iu a Preamble. The Doctrine appeal's entirely 
new and yon ought to have the Honom- of being the 
first Proraotei's of it. It has hitherto been a generally 
received opinion, that a Preamble contained the Rea- 
sons which thi^ Hoiu^e wlieiti the Bill originated 
thought proi»er to give to the other Bnuicbes of the 
Legislature for obtaining their Assent, and which Rea- 
sons might or might not be the real Motive to the 
others for consenting to pass it into a I^w. It is, ac- 
cordingly, a very frequent Practice in the House of 
Commons in England, and in the Assemblies in the 
Colonies, to conclude the Preamble of a Bill with a 
Prayer that it may be enacted, which would l)e highly 
absurd if the Pi*eamble was sujipose*! to 1m? givon by 
the King or the Governor. As to the £I*io,(mk> Bill I 
do most s^)lemnly declare that I had no Conceni in 
writing the Preamble, nor were the reasons you have 
qnott^l those which ituliuvd me to give the Bill my 
Assent, nor indeed were they such as 1 urged in my 
Dispatches to the King's Ministers, when I recom- 
mended it as pi-oper for the Royal Confirmation. I 
knew it was true that a Number of Persons in differ- 
ent Parts of the Province were (some by their own 



1771] ADMINISTRATION OF GOVERNOR PRANKLIK. 



259 



Imprudence, and others by unavoidable Misfortunes) 
involved in Disti'ess, but I never supposed it was 
much, if anything, owinj; to the Want of a sufficient 
Currency, as I observed every Laboui^r could got a 
good Price in Money for his Labour, and every Fanner 
the same fur his Produce. At the same Time, how- 
ever, I was of Opinion that a moderate Quantity of 
Paper Money issued on Loan at the usual low Interest 
taken by the Publick, might l:>c of Service to such of 
tbem as had any real Property left and were disposed 
to be industrious. To others it did not appear to me 
that it could be of any Advantage, were the Quantity 
ever so ^^at. But lia<l I known the Province to have 
been in a far more flomishing State at that Time than 
even what I deem it to be in at present* I should 
nevertheless have been a Friend and Well-wisher to 
I hat Bill, and should have exerted myself as much as 
I have done in its Behalf, there being Hi.nvce any one 
Thing of which I am more fully convinced, than that 
a nuxlei-ate Addition to our present Currency, even on 
the Terms on whicli the Crown can pennit it, would 
make the Colony still more flourishing, and be like- 
wise pi-oductive of considerablo Benefit to (rreat-Brit- 
ain. What View you could have, therefore, in men- 
tioning the Pivamble of that Bill, I am at a Loss to 
imagine. If I had i-eally wrote it, and it had actuaUy 
contained my Sentiments at that Time, yet the Facts 
I protluced in my last Mes-sage plainly shew that what- 
ever may have been or is still the Case with a Num- 
l»er of Individiiiiln, the Province on the Whole, is and 
has been for many Years past in a State of Impmve- 
ment. Your quoting it th*?n on this Occasion can 
only serve to shew what, [x-i-haps. would have been 
full as much to your Credit to have conceale<l. that 
you weiv capable of sending me two Bills at the same 
Session containing directly contrary Accounts of the 
State of the Colony. 



240 ADMIStSTBATION OP GOVERNOR PRANKUN. [KTJ 



The Reasons you give for the high Price of Wheat 
do not appear to me to be satisfactory. It is true that 
the Crops do sometimes fail when the Season happen 
to be bad or vehere the Land is much worn. But will 
any Man pretend to say that the Quantity of Wheat 
i-aised through«)ut tlie Colony, and of every other 
Kind of Produce which we send to Market, does not 
annually inci'ease i If he has any Doubt about it, let 
him only inquire into the Number of new Farms 
which are annually settled, and the Improvements 
made and making on the old Ones; or let him ask the 
Merchants and others who purchase oui* Produce at 
New- York Siiid Piiiiadelphia for Exportation or Ilome 
Consumption, and he will be satisfied that the In- 
crease is very considerable. I Jiave frequently made 
Inquiries of this JS'atuiv, and am well convinced that 
the Quantity of our Produce earned to Market is much 
beyond what it was formerly, but that the Demand 
having increased in a still givater Propf)rti(»n, has oc- 
casioned the high Prices we i-eceive. — Whether there 
are not, as you say, above one foufih Part of the 
Housholdei-s in New-Jvrsey wlio raise Wheat I know 
not, nor is it of any Consequence to my present Argu- 
ment. The Inhabitants of the Colony are certainly 
foi* tht^ most Part Farmers, and tho' they raise differ 
ent Kinds of Produce accoi-ding to tbe Nature of their 
Land and other Circumstances, yet if what I ad- 
vanced, and which you do not contradict. l)e true, that 
the Prices of all Kinds have risen in nearly tbe same 
Proportion as Wlieat, it can make no Difference. For 
if a Man who does not raise that Aiticle is obliged to 
give more for it than hei-etofoi-e, so likewise does he get 
a propoilionately gi*eater Sum for what he does raiae. 
It seems tlierefore to be a strange Position *' that the 
liigh Price which Bread Corn and other l^jotnaions 
now snAl at, has reduced large Xnmbers of the Inhab- 
itants of this Colony to great Distress.'^ But 1 am 



nnj 



ADMINISTIIATIOK 



261 



not surprized (strange as it is) that this Position 
should be advanced by you; for you, Gentlemen tho' 
the Colony consists chiefly of Farmers, can even won- 
der at my *' accounting the high Pric€ of Wheat at 
" this Time among the Riches of this Province !*' 

I shall next consider your Remarks ujwn what you 
are pleased to call my Arithmetick, which you say 
Htrengthens your Argument, by proving that thei-e is 
no more Cash in tlie Ti-easury than .£3i'2!t: S: <> This 
Sum you say is charged with 



No. 



1. To the Executors of Mr Parker 

2. To disabled Soldiers . 

3. To the Barrack Masters at New 

Bntttswicky .... 

4. To the Agent .... 

5. To the foi-mer Committee, of Con-es- 

pondence ..... 
C. To the pi-esent Committee 
7. To the EastJeriK^y Proprietors 



44: 0: 
50: 0: 



150: 0: 
-H>0: 0: 

1000:0: 

10(»: 0: 

'MiO; 0: 

£8544: 0: 



I Besides the SHjt]mrf nf (ifu'ernwent for Seven Months 

I ItKt'fiental Cfnuyes and Bountii'.s on Hemp and Fl(u\ 
for neither of which you have allotted any j»articulai' 
Sum. 

But, Gentlemen, Is this a candid Itepresontation of 
the Matter ? Are not you conscious that the only Arti- 
cles of all these, for which Sums can with any Pro- 
priety be siiid to bo actually appropriated, are the two 
first Articles, the 8ui)port of Government, and the 
One Thousand Ponnds to the Committee of Coi-re- 
8|x>ndenc«\ and that for both the latter I made a 
Deduction in my State of the Account ? And avo you 
not sensil)le that even this vei*y £. 1000 (which is only 
ordere<] to Ikj kept in the Treasury 'till it may happen 
to be wanted) may by a short Act l>e applie*.! for the 
Support of the Troops, immediately, if you think 
proper? Towards the Article No. 3, the Sum of £110. 




•-J(I2 



AtJMINISTUATION OF OOVEUNOU I-KANKLIX, 



[1771 



was paid several Months ago and therefore cannot 
remain a Cliarge iigauist the Balance in the Treasury, 
and for the remaining 4o£ no Accounts are yet exhil> 
ited to the House, or at least none yet wttled or id- 
lowed; and whether any thing will he wanted for tlie 
Bounties on Hemp and Flax iw uncertain, it depending 
on Events which may or may not happen, and, if they 
should, they are only to be [»;iid out of the current 
Motit'y which may he at the Time in the Hands of the 
Treasurers. For these no Money in the Treasury can 
be proi>orly said to be yet appropriated, tho' tlie Ijegis- 
lature may hereafter think fit t^make Provision for the 
Payment of them, and therefore they ought not to Ite 
bi-ought iiitii the pi*esent Account. But even if they 
were, yet tla* Balance of il.lHT'J: S: mentioned in niy 
Message is probably more than sufQcient to discharge 
them, and the £.1000 tt> the Committee besides. The 
Allowance to the Agent, the Sum payable to the present 
Committee, and the Incidental Chm-ges, aj'e all consid- 
ered hi the £. 1*2511 1 allowed for the Suppoil of Crovern- 
ment for the remaining Part of the present Year. The 
last Article No. 7, is a large one indeed, but how you 
could possibly think of reckoning it as an appropriated 
Bum which you wore obliged to keep in the Treasury, 
and venture to mention it as one of the Proofs of your 
not having it in your Power tt» comply with the Royjil 
Requisition, is l>eyond my Comprehension. You must 
know Gentlemen, as well as I do, that the £.3000 sub- 
jecttid to the DisiM)sal of the t^astern Proprietors were 
only allowed to be taken from Time to Time as it 
might become necessary, *'out of the public Monies in 
the Treasury,'- so that if none happens to l»e actually 
there when wanted, the Province is not hound to fur- 
nish it in any other Manner, But supposing they had 
really drawn the whole Sum out of tlie Treasuxy, yet 
not only all the Estates of the Gc neral Proprietors are 
made Liable by Law to indemnify the Colony for the 



1771] 



ADMINISTRATION OF OOVERNOB FRANKLIN. 



263 



said Sum, but a certain Number of them are obliged 
to give Bonds to the Ti-easurer '^c&nditioned for the 

tHeplncing such Sum or Sums of Money, without In- 
terest, into the Treasiu-y, when demandod by such 
Treasurer bt/ Order of the House of Assembly.** This 
needs no Comment; for a Man must be willfully blind 
who does not see that it cannot make the least Differ- 
ence to the Province whether this Sum is in or out of 
the Treasury. 

You "can by no Means, you say, consider what is 
**dii€ to the Treasury as Money in your Power/' If 
you had said that there was no Necessity of calling it 
in immediately, I rnu]«l reatlily have agi-t^ed with you. 
The Ititert'st alone, due on the two Sums called Debts 
ascertained for which you have Mortgages, is nearly 
sufficient to replace in the Treasury the Sum now 
wanted. And if the outstanding unsettled Balances 
due to the Province (which for Reasons l)e8t known to 
yourselves you have not chosen to mention) were like- 
wise brought into the Tieasury, as they ought to be, 
there would then be a Sum at your Disposal more than 
sufficient to. answer all the ]»resent Demands. There 
is one Debt besides, amtninting to upwards of £M2oo 
due from the Estate of late Col. Schnuht\ for which a 
B<md was given some Time ago, and the Money, I am 
told, is now i*eady to he paid into the Treasury. 

Wliat you alledge concerning the Reason given by 
me in the Preamble of the Quota Art, and the dis- 
tressed Circumstances of the Inhabitants, has been 
already fully answered. Nor need I take any Notice 
of your Assertion, that the Cenial of a Supply for the 
Tmops is not rontradictory to the Assembly's former 
Resolve, Addresses, and Petition. If you cannot sec 
what is so glaringly evident to othei*s, nothing I can 
(»ffer to convince you of it can be of any Avail. I 
shall tbei-efore proceed to consider what you say con- 
cerning the Barracks, 



204 




ADMIKIBTRATIOK OF OOTKBNOB FKANKI.rX. 



Your Represeatation of tJiis Matter is more unfaii 
if possible, than any Tiling I have yet auimadverte*! 
ui»on; but, to do you Justice, it must Ix? allowcni that 
you have not niauiffste*! a j^ivater Want of ('an*]our 
than of Gratitude on this Occasion.— At the la»t Ses- 
si(in at P^rih Amboy, a Majority of your House ap- 
I>e<u*ud much displeased with most of the former Bar- 
rack Mast.erH Accounts; and when it was ajijroed to 
jifrant £'500 towai-ds tlie Supply of the Tixx^jw, you 
chose rather to leave it to the Disposal of the Governor 
and Couucil, than to put it into the Hands of the Per- 
sons Imfoi-e entrusted. Tlie Money has since bet*n 
expended with the utmost Faithfulness (as you must 
liave observed by the Atxounts und Vouchoi's laid 
before you) and by our Management a considerable 
Saving has been made to the Province, It seems, 
however, that you are not disposed to let this l>e 
known to the Publick. Instead of thanking us for 
our Care and Tmiible (^not a little of whith fell to my 
Share) or even making a baiv Acknuwle<lgment of 
them, you endeavour to have it appear, that though 
mentioned it would not take aliove £M2oo Onrreua 
per Anmivi to supply the usual Number of Men wi 
the Necessaries rei^uii-ed, yet it has cost the Pi-onncx' 
under our Management, at al>ove the Rate of £.7tK» for 
five Montlis, besides Repairs. &c. To make this out 
you say ** there was Wood in the Barmcks to the 
Amount of more than £.^oo," which is not the Case^ 
the Quantity received of the former Barrack- Miisters 
by the one I ap{hjintecl being exactly 2-'H Coixis, which 
if we reckon at l.'Ss <>i ftfjhf Monty |ier Cord (.the 
MtKiiura Price he purchased at (amounts to only £.li>l: 
17: iii Proclumadou. 

But you take no Notice that the five Months ab<ive- 
mentioned wei*e the Whiter Months, and th.nt during 
the ivniaining seven Months little moi-e than Iialf the 
Wood, and but a small (Quantity of Candles, v/iU 



of^ 




1771] ADMINISTUATIUjf OF OOVERNOK PKAXKHN. 865 

wanted. The Sum of £5(H) would therefore, 1 doubt 
not, be found sufficient to supply the Barracks for 
that Time, if thei'e should happen to be no consider- 
able Additiou tc) the Xuinber of Men; but as an Aug- 
mentation of 2'> Men to a Company is ordered, I ask'd 
for To(>£ which T w:is in hopes might answer the Pur- 
pose. If this had been granted, and any Part of it 
should have remainetl at the End of the Year, it 
would have been accounted for. But, Gentlemen, if 
you i*eally think it more to the Advantage of tliis Pro- 
vince, that ahf)re 2(nj()£ ^j^r Annum (wliich you ac- 
knowledge the supplying of the Trooi)s has heretofore 
cost the Colony) should be expended by some of the 
Memlsers of your House and their C'oimexions, than 
about lii or 14<*0£ under the pi*esent Mauagenient, I 
shall not make tlie least Objection; but I sliall lio|^>e 
then to hear no more of the Foverty of your t'onstit- 
uents. 

The next Paragraph to the one I have just observed 
upon, with all " thtm Transactions," &c. mentioned 
in it, I must beg Leave t^ pass over; as, except the 
firat Line which Ls already answei'cd, I do not see thai 
it is at all pertinent to any Thing contained in my 
Message. And if the four Paragraphs immediately 
following, whicli only contain Declarations no ways 
corresponding with your present Actions, are treated 
in the same Manner, you will have no Reason to com- 
plain. 

By desiring you to compare tlie Taxes of this Pro- 
duce with those (laid in Eitt/Iaml, I meant no more 
than to intimate that you would find a gi-eat Dispro- 
portion. For tho' tiiey may not be raised on the same 
Plan, Uittrs being, as you s<\y, on tlie Pound Value of 
the cmnuaf Heat of their Ijands, and ours on the 
Pound Value of the CojntaU yet the Difference will 
be found on Rxamination to be httle more than uom 
inal. The Valuation put by the As8e6soi*s on the 



266 



ADMINISTRATIOX OP GOVEBNOR PRAKKLIM. 



[1771 



Lands throug:hout a County will, T believe, in very 
few Cases, if any, be found on an Average to exceed 
the Value of the annual Rent or Income. Many Tracts 
T am convinced are rated at less. But be that as it 
may, I desired you likewise to compai^e our Taxes 
with those of several neiijhhonring Colonies (where 
they aa* raised on a similar Plan with our own) but 
this it seems did not suit your Design. 

'*But you ask, What are my Observations on this 
•'Head to the Purpjose? If they pay higher Taxes 
"than we, must we run ourselves in Debt for the 
*'Sake of paying as high Taxes as they do ? that's a 
'* strange Way of demonstniting Loyalty/' Indeed, 
Gentlemen, this is a strange Way of arguing, and 
what I have not been much accustomed to. Did I ask 
yoii to run yourselves in Debt for tlie Sake, as you 
call it, of paying high Taxes ? Did I even ask you 
to run in Debt at all ? Nay, did I not plainly shew 
you that you might demonstrate your Loyalty without 
any nt'W Taxes wliatever? 

If I have been mistaken m saying that ** none but 
profitable Land is ratwl," I was led into it by the ex- 
press Words of the Law, which ave— '''AW profitable 
''Tiacts of Land held by Deed, Patent, or Survey, 
'* whei*eon any Improvement is ma<le, the whole Tract 
*' shall be valued at the Discretion of the Assessors.*' 
There are many Paits of a Man's Farm which tho* not 
cultivated, yet aflFord Home Profit, and I apprehejid 
that the Valuation ]tnt on them by the Assessor is 
only in Proportion thereto; at least that seems to be 
one Thing that is left by the Law to liis Disci-etion. 
Many Pei-sons who have largei- Tracts tlian what they 
think proi>er Xo occupy, sever by lease (»rdy a Part of 
them foi- Farms, and let the Rest lie waste; by which 
Means they only pay Taxes for wliat they actually re- 
ceive H Profit from. 

The lieoson assigned by you, why our Accounts of 



1771] 



AI»MIXI8TRAT10N 01 



PKANKLm. 



307 



the Province diflfer so much is, that I *'see nothing 
** but Affluence, and yon see the Distratseft of the Feo- 
" l»le." I know not whether you aDude hei-e to ray 
Affluence, or to that of the Gentlemen of the Colony 
with whom I am acquainted. If you mean the former, 
I have only to siiy that if I do live in Affluence 1 must 
at least spend among the People all I receive from 
them, to which I presume they cannot have any Ma- 
terial Objection. For so small is the Allowance to a 
Grovemor in this Province (much below that of any 
other of the King's Colonies! that considering the in 
creased Expense of Living, esjiecially to one in that 
Station, it is impossible for him to lay up a Farthing, 
unless he lives in a Manner that must disgrace his 
Commission. This the People, for theii* own Honour, 
would not like I tielieve, even if they were in the dis- 
tressed Situation you represent them.^Thc Tinith is 
Gentlemen, I found my Account of the Province on 
Facts, which it is not in your Power to controvei-t. 1 
know that there are hut few Peoi)le of gieat Fortunes 
in it, but at the same Time I am convinced, that theii? 
is a very considerable Number in Affluent Circum- 
stances, and tho' there are liere, a» in every other 
Country, some disti-essed Persons, yet the Bulk of the 
Inhabitants are enabled to live well if they think 
proper. It gives me Pleasure to see this, and so far as 
I can contribute to promote their Welfaiv I shall do 
it, as I always have done with the utmost Readiness. 
It cannot be in any Way my Interest to overrate the 
Ability of the Colony, or to do anything winch may 
increase it's Burtiiens, I may, with Propjiety enough 
call myself a Farmer of New-Jersey^ and my Farm, 
which is no inconsiderable one, nnist pay Taxes as 
well as yours. It is here, if I return to a private Sta- 
tion, that 1 propwe to fljiend the Hemainder of my 
DayvS. 

You do me great Injustice, Gentlemen, in suppos- 



S66 



ADMIXISTUATION OP OOVBBNOH FBANKUN. [1771 



ing that 1 had any Intention to set your Conduct in a 
bad Light with your Sovereign. No Governor, I be- 
lieve, has ever taken more Pains to make an Assem- 
bly appear to Advantage than I have done with re- 
spect to you, whenever a projier Opportunity offered. 
Of this I have the strongest Pi'oofa iu my Possession, 
and some of them appear on your Minutes; aud I still 
hope, however we may differ at present, that I shall 
have Occasion to do it again. Your Conduct indeed 
at this Time does appear to me alarming, and I think 
you are unnecessaiily risquing the future Peace and 
Happiness of this Colony. — T have no Motive in so 
warmly urging your Compliance with the liequisitiou, 
but what ought equally to influence you and your 
Constituents. You have notwithstanding again re- 
solved not to comply, and informed me that you are 
desirous of being dismissed. I could not, however, 
tliink of pai-ting with you until I had given you my 
free Sentiments on the Subject, that you might, if 
you thought proper, conuniniicate them to your Con- 
stituents, and consult thLMu on a Matter in which they 
are so deeply interested, and which is really of as 
great Imix)rtanco as any Thing that ever came under 
their Consideration. Tho' the Recess I can allow yuu 
for this Purpose is but short, yet I shall hope it will 
be sufficient for you to see the Ex])odiency of i-ecediiig 
from your Resolution, and thereby restoring that Har- 
mony which is so necessai-y to the publick Welfare, 

William Franklin. 
April 2l», 1771, 




1771] ADUIVI8TRATI0N OF OOVBRKOB FKAKKUX. 



260 



Instructions of the Freeholders of Hunterdon County 
to their represenlat ires' in Assetitl>If/, John Hart 
and Samuel Tucker, adverse to the quartenny of 
troops in the Province, 

rFrom New Jeni^ Historical Sort^ty MAnuacripti, W. J., Ko 30.1 

For John Hart & Samuel Tucker Esci" 

We the freeholtlers of the County of Himtenlon 
Province of West Jersey; to the Repi'esentatives of 



> Jchn Hurt, lmt«r one of the sitraera of the DeolsrEtian of Indepondt>ncre. " Born, 
irbfra or when, do man now appwkn to know, and whose hnndwritlng many hnve 
Boogiil and few have foiuul, In otb«r form ttian on a Colonial note/' Col. T. 8. 
ify^n, in Hiat. Maq., NoT«uib«r. 1808. fSO. John Bart wnft a «on of Captatn Ed- 
word Hart, who vjunt* fmm Stnnin{?ton, Conn., earlj In the last ceiiturj*. and set- 
tled At Bopewell, then In HunKrrdon. now In Mercer county- He was coid by a 
gratuklaoKbter to lian* been bom In SUmlnieton.— Cfw/ev'* Bnrly S^tilert in Trtn- 
ton. lOl-S. Captain Uiirt wuaaealoua Pre^bytortan, and recogntaMl ae nuoh by 
tbedliniltaiie«of thechurob.— /^.. 101. Tbe reconis of the Presbyterian Church at 
Maidenhead (now LawmncoTibo] shnw Uiot John was baptixe*! therr* by the Rev. 
Jadadlab Andrews, of Waahlofrtan Square Presbyterian Church. PhlUdelpbJa. 
"Wh Ko. atit, I7W."— ff»X Homeract untt [Ittntrrdon CmtnUeM. HIH. VaHouH 
wrttara have Interpreter i tlUti datt? lo )m< UeeemhtirSI, 1713, nverloukint; the fact that 
it Is according to the " Old Style." As a matter of fact, by our present reclroninip, 
the date would bo March 5. 1714. Mr, Hart wo-i douMlesv hr<iutcht up on hid fnthor*H 
fann, and receivnl Utti*? or no education, the few speclmeus we have of IUk luanii- 
Hript tndkttUnf; an llliterMte writer He was a Juttlce of the Peace of Hunterdon 
county in ITM — /6., asS. He was electeil bi 170! to the twentieth Aiwembly, wJili-b 
liegan Its BittinKS April 7. ITDl.— A' J. HUt. 'SociWy Prof., May. 1B50, SS; Atltnton^s 
Uttom. fflR, Upon the dinmilutinn of that Assi'mhly. in 17tW, he wok again eleL'tnl a 
m^naber In Juue, \'i^. and sat in the tweutyMr.<t Ansembly. which Amt m-.-t O^^to- 
ber 10, 17B9.— JV. J, H*iti. Soc. Proc., May. IK*""*. 3i; AUiiuton's Lntrt, MS; ante, 83. 
He ooQtlnued a meniLer of iliat Aoeenthly until Ita dtasolutiOD, December H. 1771.— 
Pott, Dec. 27, 1771 The minitiett wliow that he was a ntaunoh mppnrter of the 
rijd)U 0/ the people durjnie blji ten years of service In that body. Id I77-I be waa a 
Judire of the Court of Common Pleas of Hunt^-nion county.— /fV«f- dommiet and 
Buntrr^ion.^T. Btlt t)inui;h thUH holdhif? an office at the haudn o1 the Uovernor. 
be did DOC hesitate to ac'?ept ao elecUou. July 8, 1774. by bis fellow -citizenit of Hun- 
lerdaa, lo th** flnrt Provincial Conicrpst of New Jerw-y, and he presided at anoiber 
m witf ng, held for the litce puri>o«e. January 18. 1775, wben he waa cboMD to the 
•Boood Provincial Omfrress-i/jnuffj Prorinciat VongrenM. etc.. I?7R-ft. 14. -lO He 
attende*! the n^nHiouN of that body in May and again hi Au^uit, 17*5, helnK ap- 
poluied on the t'onuniitee of Correapondence during the receM before the latter 
■eaaian, and on the Committee of Safety afterwards, serving durinK I77Q 7. He wa» 
iv<«leoiod lo the Prot-tnclal CoDKreaH in 8apte«nber, liTa, and aat In the October 



«70 



A0WTNI.STKATIOK OF QOVKKNOR PKANKLIlff. 



said County apiK»inted to meet att Burlington with 
the other Representatives of said Province on the 28*' 
day of May Anno Domini 1771 — OBEBTrao. 



OetiUemen 

Whereivs we under-stand his Excellency the Gover- 
nor lia,s adjourned the House of Assembly in order to 
Consider further on divers AiTaii'a presented to the 
House last Session; In which Interval the Membe 
migiit have an Op|H»rtunity to Consult their Con 



i 



maaian of tbatytmr, aud in January nnil June. ITTS. bebiv iiAmeil on tiDporm 
oommlfetoM. ftmane otbt- r tlutleti impow\l on hJm wmm thai uf ttUcnlni; hb) u«titp U> 
Ibo n^nw ut impiT mooey ImumI hy tbc ProTiiicUil Congntta. Un June l\ ITTC, he 
wa« fKvtt_*<l \'ict>-Prwlil«t« And one u-vek later wan eleoUMl (ma of Uw flve tlekv*!^* 
to the Coiktiiiental C<mgnma.~iliiiuti.-w, He and his coUea^ea arrlwd at Phllwlcil- 
pbia In aeaaoo to affix their naineN lo ilu* immortal Ueclaratlon, on July i, 1775. Id 
Iheaelectkmof anewdetegatlOD of (.'onKTvaamMi November 80, 1T70. Mr. tlorl and 
Ft«Bcta HoplUnaon irere (miltu*«t, for wliat reaHou flt>rn not appear. In Au^iftt 
17TV, Mr. Hart waa elected lu the first Aitaeaibly luider tin* ui*w CouaUtuUon. and un 
Vbv meeting of that body. AitjcuMt S8, he waa uiuuitmoualy elected Speaker, whl 
office lie Leld b> r^i]ocf*(£ivo flnctioiut during I iTB. 1777, aud the Hnt aemioo of 1 
bcinff annually r«-«'l<N.'i«^i from hU county, until compf'Ued by faUiog bealtb to 
tire rn>m ai'tivt* lifr. Owing lo tiis pntniinHtttv \w waa bunted by the BrlUab and 
th«? Tnrii'a with piM:uliar ferocity when thi- fuomy trurereed Now Jeraay in Decem- 
ber. ITTIl. hut ht> nevrr raU«<n>[l in hbi InyaUy - CiMley. lOMI; Livm»o/th€ mfftterB, 
by Sandttiwin. OtHMlrich. Loealtt^;. HiMt.ColhclionJio/ y.J.,HOt: Oovtmor I^urher't 
OratUm. July -1. WA. Under oate nf ■' Prtncetown, November SVth. 1777/* while 
Speaker at Mm Aafwmbly, Mr. Hart nddrriuMtd tbin nut4^ to Uovemor Ltvtairsloa: 
"^r. The nuuMc of Aawmbly Request tluit yow ExceUency Direct Mr. OiilllnKe 
[OolHnal to print fifty Coppit« of the Law for punching t^aathioic for tin- Nc>w-Jcr^ 
aey Hedfffneot and tran<qn)t the «aine to your Exoelleocgr as soon aa poiable. I 
am Sir Youre Hunil>K* Sovant Joux Habt. To his Excellency William LtrelaK* 
tUm."—8»dgieici:'ii l.ivimjjtton, lEU. Mr. Hart paid bte Aurn to the Penaia^lon 
Preabjrteriaa iliurch m late aa iTUir. but mire the Baptisu in 1771 a deed for tlie 
plot on which Uieir cbureb hatl been i*rvole4l In 1747.— Coolly, 110; Gdieancrj f/uf, 
BatitistM. a, 4fi. Ui< dltMl Hay 11. 177V. at bbi homL> tu Huppwctll. In IWS the Ne 
Jereey bfcifdatuiv cauiie^l a monument to be erei<t<Ml to hlfi memory, on whJoh oo- 
raeitin novfmor Joul PariciT dtriivfrt^l on t*l«>qutint and ImpreaiiTe addrwa. In tbe 
Gouree of wtUch he iiaid: " Upon a i-an.>rul ojuuninatiou of the hlirtoiy of New Jer* 
a»y duriiiK and liiimedlali*ly pmi-dim; the Rerolutionary War. 1 am of opinkm that 
John Han had K:n'ater exiK'rien«-'e in the CV>loDlal and ^te lectslatloa of that d«y< 
Uiau any of hlti L'uti-niporarlt>s: and that no man exerdaed giealer Influence In 
^viu9 dlreoUon to the piiUbc opinion which eulmioated In Indepaadenoe. "—Oro* 
tion, IH. Tlio monument follows ibt> bititfTaphical compUors in frlvtmc the dale of 
Ur. Hart'H iluatli a> 1780. But in thia, an lu many uLhei- jtarttculant. tlie ouOBpU*- 
tlona err. Mr Dart'* will wna proves! May 83. ITTV.— (ToM-mor /^trktr't OnifMm. 
Appi'ndix, Jn. 

Suiiiuel Tueker waA bom In inn, aixl at lui early ase unllsUnl In meroanlUe 
bURlnt-M at TivQton. then lu Huni«rdon oounty. vxtendlnc hi* opcraUooa oocaaion- 
ally In New Kneland anil Ihi* Wt^ Imlira. and nuon eelablMili^a nqinlatiiai an a 



nn, I 

Ion J 

■ re- I 




17711 ADMINISTRATIOK OP OOVBRNOK FRANKUN. 2lll 



stdtuents.— We therefore without the least Defection 
in oui* Zeal for his Majesty, or (lesii*e to promote Con- 
tention between the Different Branches of the Legisla- 
tive Body in this Province, yet desii*ous that oiu* Lib- 
erties may l>e secui-'d to us, do agi*ee with the Resolu- 
tion taken by the Assembly at their last Setting; and 
approve the Ro;\sons given to his Excellency for not 
Complying with the Several Requisitions made respect- 
ing Tncouragement for the Augmenting his Majesty's 
Regular Troops in this Province and Granting supplies 



"man of gomi utiderstau'linK. a. man of pn-hlty and veradtjr."— JIT. J. drchivrg, 
Vn.. «I87. fi40. H.* wiw & JuHtkc of the Piiun- tif Huiit*T(i.»n ta tTVI —Hiat. Sontentft 
and ITunterduH, 'Xf*. He wok also SlieriR' of llie LX>tmt>-, probably tMiwevn 1703 ami 
ITBT — 76., aW: Pield'M Prorincal CourtM, 170. in ITliS hv woa elecU'd with John 
Hart Ui rrpre^eitt HitDb>rd<in, HarrU anil S»wH'X iiiuuUi-'h in tlui tweaty-flrst Aft. 
•erobly.-.W Hit*. Hoc. Proc, May. IHno.aj; AUinson's /^t/'«.70. ifti, l«l,4Il. He 
at onc« took an orilvf |iart in the attempt' made to nefonn the jiractli-e of the Inw, 
ftiHl Utereby drew u)miu hlmnplf the ott-iitlon of the lawyent, who cpoii investiga- 
tion found that he ha^l hlm^wlf charf!:eJ e3tc^*j|ve fi-es while sheriff.— FiXri. 1*0. 
NeviTtbele^ft. he wan fl»cted In 177S (ti Uii> tu«*iily-Mei;und AJtsenibly, aiirl during 
ihe Dcxt thnt- ywirs wa* exceeillngly sealoui* In promotlne thn Americun uauac 
A^iiAt British a^Kresaiooa. He sat lu that Asaeuibly until it was jiruroknied for 
the la.<a time, I>e(Teoib<;r5, 17T&. In the meantitue he was Chainnan of the Huat^ir- 
dnn county ineetlnfr. July H, I7T4. vrhii'h tiftpfiiuted deleeatoa, hinuielf amnng the 
otuiibpr. to tbe flrst Provincial Confcresii uf New Jersey, heltl for tlie purpow of 
choosing del«frat«a to the OonUnental < 'onirretw. anil was llkewiiw uboaen January 
IB, ITiS, to the neoond Provincial (_?iin^v«i, held for the samv purpose. He bod 
been «ppolnt«d by the Aisembly, Februarj- s, 177 -l. on a t'ommlcu'e of Correspond- 
ence. \Vhen the .^Naemfaly watt pronviifd. Mny 'M, 1775. IMr. Tueknr flti-pi»ed Into Ihc 
Prorlnuial Contm-sa throe dayv later, and was mado Vice- President, May SS. and 
when that body adjournod in Au^o^t. he wob named as « member of the Committee 
of Safety, to alt during the ruoeweauf the Assembly, In which position be was con' 
tiaued from time to tim« tuhaequeutly for a year and a half. He was elected 
Preoldent of the Prnrlocial OonKrem, Oct'iht-r I, 177.'^ i wheuoe be was often styleil 
" Gh^remor " Tucker), and Oflraln June 11, 1770, and as sudi l^sfdent had the honor 
of f Jf^Wi ng his offlctal stsnature to the first CoiiKtJtutMu of New Jersey, July '4, 1^7(1. 
altbout^ lu the precedbiK November the t\tii);i-etitf over whtt-h he pn>iude<l hud 
declared Ita ** (let««catlon ^' of "DentimenK of iu<li?TM.-nileney." In Kebniary, ITTII, 
lie waa sleeted <me of the two Treasurers of New Jer^v. t >a September 4, ITVrt. the 
LagUatora, elect«d under the now Comitltation, apiKilnled Mr. Tticker ti> be Second 
JudKVor the Supreme Courts at a ftalar>- of £100. -Minutrti. poHoim. On oiienLuK 
the Burlhiirton Courts. November i-1, 177«. the Grand Jurj' "addressed " bira after 
(be old-country fa«Uiion. congratulating him oti IiIh ap]Hiintmunt, and declared: 
■• We have uu doubt of your integrity and aaaklutty. and can only wish your coimtry 
had caUn) you to ho Important on crfBce in times Ii-ks t^'rihiiw aud drvnirerous. But, 
Sir. let the peril and difficulty of the times Im) a criterion to dlvttn«ul!ih who are 
real friaikls to their countrj-, and who are not."— Jj *'liu<r/oi)i .IrrAirt*. 111., Oftt. 
*nieae wonis would appt'-nr profoundly Hij^iiideant, in the light of ercDt*i during the 
uext three weeka. On December B, the Stale chcKt c<>ntnfuing money und other 
vaJuablM, whloh Treaaorvr Tucker bad seat away from IVentun u> keep from fall- 




273 ADMINIffTRATIOK OF OOVIillNOll FRASKtlK. 

towai'ds their Supp<)rt. Moreover we your Conatiti 
ents Subject these following Quenes to your furth* 
Considemtioti. 

r* Whether to have the King's Troops statiom 
amonp uh in Time of Peace is Constitutional and 
Agreeable to our Rights and Priviledges { 

2°'' Whether they are or can be of any use to us, or 
whether any pro|)er Offic^^r of this Goveniment has 
the Command of them in any Case of Imniei-gency? 

iV!^ Whether Regular Tioops does not spivad V^ice' 
and Inimoi*ality in a Country whei-e they are main 
tiiined in idleness I 

4*^* Is it C-onsistent with Honour and Justice to Sup-* 
port, those who do us no Service ? 

5*?* Whether there is not Danger that a Militiiry 
Power may in Time inten-upt tht^ Pn)i)er InHuenco 
and Management of Civil AdniinLstrations ? 



biir Into thp IiaimIb of tbo aiivanofaie British, war cnpturrd by tbo eoamjr. wid on 
the 1-lth liB was hlmneir tftkeii priaooar, aii<) litilil uotil be ooald otateln a " pro4»o> 
tlou" from Col. Rail, ih(> HeffilAD commnDiler. Uoremor Liviojpiton waa much <Ua- 
pli*AMnl witli the whnli; affair, CMpiKitAlty with Tiicliitr'fi appanmt uowanltoe, anil 
the LeglilAtunj was rohictaul to releAKi* him from respoasfbUlt^ aa Treanuvr. Ilia 
taklfiK a Britlab '' proi(H.*tlon," too. U>«*eat*d the respect hln frimdti hafl prrvtonnlr 
eotartalned for hlu, oiiil furce.1 his reUretiunit fntni (Hihlk' life.— JTmufcj, paastm: 
HfUlt Prta. Church. Trenton, it*', TicM** t*rotfinciat Court*, 168; Sl$mvr'a Hemi- 
niscmcrm. aS!t; r/onlon'i .V. J.. SflT KevertheJpM. tia rvtaliit^l a good pnadtlofi in thr 
oommanitx. and in the eusultig tSepteoibur, John Adanui recorrtit tliai he " lodifrd 
al Mr. H, Tucker's, at hi» kind fDv|tat1on."-iror4», n.. i88. From 171«(i to ITW ho 
waaa lnMte« of the Pr<?Hbytena» I'huc-ch at Trr>iilaii. IteitiK olerk □( the Board 
tDoM of the Wme.—flnWs U%»t , SK). He ttitMl January M, I78U. ofed 07 ywira. S 
months an fl I<J(tn)'!i. /b, flVt. Hit* IfttJTK antl a<ldr oHo«Q . p«blt«he«i In I h4< Ameri- 
can Arfhiveg. and elaevrhen*, Khotr ttmt he wtut a uuiu i\f ouiH^rior ithfltty and 
•chohiMhlp. flTul that he had thr (Mnfldemre ami esteem o( WuahiiiKtoQ ami oili**r 
pnnHpiil men of Uie day. While Ui the Pruvlni'lal Confcn^Hrf Ih* fAvnrrd an tkci 
for the more easj* mainmihwion of iitnves. and he altowixl the «arutH»tneiiH ut hia 
vli*w<4oti tliat ftiihjeet by proWdlntf In hhcwUl for Lite frvHnjc of Ma alawiaiOiii 
tain prudent conditiooH. - //of/, iJM. 

It Im relftt^tl thiii on't- when Tiieker and Hart were both camllilBtefi for th* Amm^ 
\\\y from old HuntKnlon ami its depeoh'nt cmmties, thn latNT wtvt mpponcd 
the Pnttbyteriaiui. ami Tucker by (he Episcopalians, M*fChodUT« and DapUnta. 
'* IhirtiiK the flrwt twn dayn of Die ehfirljini Hart wiia nbea 1. but on the third, one 
Juilge Brae eomitttf up with aatrooe re»ertre of t'hurch-ofKnKiatid-nieii A>curv>d 
Tucker'H return. A w.iir ohserved that the Jttdiru wan not milike the Wlioti 
Knd'ir. fnr it wat riearthat he ha«l ntUftt BJimuel."- .S^'f^in'rV* Livingjittm, 144.' 
ft UilH ineldeut rxxurr^d It miwt Itave been in ITT-!, as <n ITRI Hart was miooi 
In 1'OU both men were ehvbed, and in I7T2 Tucker was choaaa.— I W. N.J 



1771] ADMIXISTRATION OP GOVERNOR FRANKLIN. 



273 



We think Gentk-nicn the Consideration of these 
Things with what you have ali*eady urged will Con- 
strain you to ahide hy your former liesolutions, and 
that you will Continue to make the Ease, Safety, In- 
tei*est, and Momls of this P[rovince the] Suhjecta of 
your Zealous Attention. 

Signed hy the Freeholders of Huntei-don May 1T71. 



Signers 
Hezekjah Stout 
[MoHEs] Hart 
Will" Shekd 
Nehkmlaii Saxton 
Nathaniel Stout 
Benjamin Stout 



JoAB Houghton 
Henrv Van Kirk 
Andrew Stout 
James Mattiven 
Abraham Stout 
W" Chambkklino 



W'! Bryant. 



Order of Council npp<nuiinfj Iktnkl Core a member 
of the Cmmcil of Xc.ir Jeraetj, 

I From P. R. O. B, T.. New Jerwy, Vol. 10. U M.] 

At the Court at S' James's the l*^ Day of 
May 1771. 

Present 

The Kings m<x^t Excellent Majesty in Cinincil. 

mtereas there was this day read at the Boanl a 
Repi'esentation from the Lords Commissioners for 
Ti-a<le and PlantnticniH Doited tlie -iil'^of hist Month,^ 
Setting forth, that John Ladd Esquiiv one of his 
^(ajesty's Council for the Province of New J.eraey being 
deceased, and Daniel ( 'oxe Esquire having lieen recom- 
mended to thi-' said Lords Commissioners as a Pei*son 
well Qualified to serve his Majesty in that Station they 
18 



«74 



AnMINISTHATIOV OV OOVBRNOR PHANKUN. 



therefore humbly propose that he may be appointed 
of his Majesty's Council for the said Province in tlie 
Room of the said John Ladd Esqiih-e deceased — His 
Majesty in Council Approving thei-eof, is Pleased to. 
Order, as it is hei-eby Onlered that the said Danii 
Coxe Es(|uii'e be constituted and Appointed a Meml 
of His Majesty's said Council in the Province of Nei 
Jersey in the mom of the said John Ladd Esquire de- 
ceased And that the Ri^ht Honble the Earl of Hills- 
borough one of His Majesty's Principal Secretaries of 
State do cause the usual Warmiit to be prepart^ for 
His Majesty's Royal Signature. 



JMii^v from the Earl of HiUshoroagb to Ooverm 
Franklin^ relative to the dispute with Spain, 
Indian trade, etc. 



Gov' 



\Vtota P. R. O. and Wmc In<li«4. Vol. 17fl <1M).I 

Whitehall 4V' May 
Franklin 



Sir, 

I have rec** your Dispatch N"? 25, & have laid it before 
the King. 

His Majesty has no Doubt of your Attention to th< 
Security of the Colony under your Gov?, & of the Dis-^ 
position of His faithful Subjects in New Jersey to con* 
cur with you in every Measure that would liave heel 
necessary for putting it into a State of Defence, in 
(^88 the Issue of the Dispute with Spain had been con- 
trary to His Majesty's Expcn-tation. 

The Uttle Cf»nnection which you state to exist between 
New JeT-sey & the Indians, will plead in excuse for the 
Assembly's not entering so zealou.-Iy into the Consid- 
eration of that Business as the nature of it seems to 



1771J ADMIKISTRATION- OF OOVERNOR PRANKUN. 



276 



retniire from other Colonies nnder different Circaim- 
stances. 

I am aware of the Difficulties that will attend mak- 
ing any general Regulation for the Indian Trad*\ while 
it is to depend uiwn the (.'oncurrenco of different Col- 
onies having dlffei^ent Views & Interests; & in agree- 
ing in Opinion with you, that this is not the only In- 
stance hy many which evinces the absolute Necessity 
there is, for the sake of the Colonies themselves, of a 
general superintending Power over all the Britisli 
Dominions in America, I cannot but lament the Ob- 
stacles which have been unhappily thrown in the way 
of the just Exercise of such a Power. 

The Acts & Journals of the Legislature have been 
laid before the Board of Trade. & also your Recom- 
mendation of Mr Coxe, & Mr Law:rence, in consequence 
of the Vacancy in the Coimcil, by the Death of M' 
Ladd; <Sc I have the Satisfaction to acquaint you that 
His Majesty has been pleased, in consequence of the 
Recommendation of that Board, to approve of M' Coxe 
for that Statioi], 

I am &c* 

Hillsborough. 



itfer front (hn\ FrankUu to the Earl of HiUshnnHvjh 
rehitim to the Complaint of John Hatton, imd 
transmitting copies of pajyers connected therewith. 

LFrom P. B. O. America luid WmI Indies. Vol. ITQ (IMI.I 

BuRLiNGi-ox, May li*'" ITT I 
The Right Hon''" the Earl of Hillsborough. 

Inclosed I send your Lordship a Copy of the Minutes 
of the Privy Council oi this Colony, from the >'.'* of 
January to the •26'? of March, a great Part of which is 



376 



ADMlNIHTItATlOy OF nOVBUXOR FBANKLIX 



[1771 



taken up witli an Enquiiy into a Complaint made by 
Jolin Hattoii. Esq! Collector of His Majesty's Customs 
for the Port of Salem, against some Justices of the 
Peace living at Cajw May. This M- Hatton is the 
same Pei-son mentioned in my Jjetter to your Lordahip 
of the 25*?' of Aug*.* 1768, N. 11, and in the Minutes of 
the Privy Council sent with my Letter N. *i.— The 
Council, after a strict and impartial Examination of 
the Partitas, were unanimously of Opinion that there 
was not the least Foundation for his Complaint against 
the Justices. I need not trouble your Loi-dship with 
any Kecital of Particulare here, as they are. so fully 
set forth in the Minutes, and in the Copies of sundry 
Pai>t!rs sent hei*ewith.— I was in hopes that the Com- 
missioners at Boston would before now have removed 
this man from his Oflfice. as tlioy have had the alronK- 
est Proofs of his Unfaithfulness in the Execution of 
it, ever since June iT^'ii*, as your Lordship will se«> by 
the enclosed Copy of the Report of the Inspector Gen- 
eral. What Reasons they may have for continuing 
him in Oftice I know not, as they have not yet thought 
proper to return any Answer to my Letter of the loH" 
of Ai»ril last, a Co|)y of wliich is among the enclosed 
PaiH'i-s. 
I have the Honour to he, with the greatest Respect, 
My Lord, Your Lordshiirs 

most ol>edient & most humble Servant 

W? Frankun 



Copies of snadnj papers relative to Mr, Hatton's com- 
plaint aijainsf the Jnstires of Cajfe M<ty, in New 
Jersey, 

iFrom P. R. O. America ami West Inillea, Vol I7B |1M>.) 

Some Notes and Observations made by the 
Dep^ Sec^retary of New Jei^sey, on the Com- 
plaint of John Hatton Esqf Collector of 



ADHINIHTRATION OF OOVEUNOR PRANKUK. 



277 



Salem, against, three of the Magistrates of 
Cape May, after the Examinatif)n of the 
Parties hefore the Governor & Council, ex- 
plaming moi^i parti<'ulaj*ly several Mattel's 
either omitted or but sHghtly ment'* in the 
Minutes of Council on that Subject. 

There is very little of M^ Hirtton*s Complaint that, 
if true can affect the Ma^strates of ( 'ape May;— the 
Transactions in which he and his Son rec<?ived the In- 
jury, being entirely without their Juristliction. It 
may be re<luce<l to the following Heads 

1. Their sending their VV^miant for him on the Oath 
of Hughes. 

2. Their sending their Warrant for his Negio on 
the same Foundation, and conunittmg him after Ex- 
amination. ♦ 

3. Kefusing to admit the Negro to Bail. 

4. Demanding Sui-ety of the Peace of M' Hatton» on 
the Affidavit of Mills, —on which they took his own 
Recognizance. 

6. Demanding the like Hurety from the Negro, &, 
committing him t<> Prison for want of Security. 

In all which TnuiHactions it does not appeai- that he 
was under any Kind of Restraint more than for a few 
Hours, and that from ahsolute necessity, and not at a 
Time when the Duty of Ins Office ivquired his Attend- 
ance. But even if it ha<l interfere*! with the Revenue, 
the Cause of this Itestraint was of a higher Mature; — 
for whenever the Kings Peace comes in Question, all 
Civil Matters must give Way to the Enquiry. In the 
4*?' Paragraph of his Ci»mi)iaint, M- Hatton calls the 
Charge against his Negro a Pz-e/eHre, and ftiys '*the 
Oatli i»f Hughes was only invented to distress him 
and Ins Fauiily." If the Uath was invente<l hy the 
Magistrates for that Purjtoee,- it was undoubtedly 



J 



278 



AD)I1N1STRA.TI0K OF nOVERNOB PHANKUN. |1771 



highly Criminal in them. But can it be supposed that 
they could inducts Hughes to pei-jure himself to fur- 
nisli su(-h a Design i What Motive could they have 
for wishing t<i distress him i They wei-e not intc^-ersted 
in the QcxkJs seized, nor could he affect theii* Inteivst 
by any Seizures —Thev were not m Trade, nor hml 
they any Propeity that could be affected by the Reve- 
nue Laws. On the other Hand tliey had lived on 
Terms of good Neighbourhood with the Collector: 
The Magistrate who atlrainistei-ed the Oath to Hughes 
Ijad, as he acknowledges shewn him particular Acts 
of Civility. But on Hughes's offering to make such an 
Oatli, the Magistrates would have been Criminal in 
omitting the Enquiry. 

The 5 Par. charges the Magistrates with ** sending 
** i\ye Men to his House and taking him out by Foi-ee 
** thro' heavy Rain, tho" lie was exceeding ill and dan- 
''gerously wounded." The Magistrartes, to make it as 
easy as iK>ssible U* Mr Hatton, convened at the House 
of his nearest Neighbour, at a considerable Distance 
from their ow^n Houses, and did not ortler Force to be 
used until] they found other Moasui-es ineffectual: and 
it was pi"ove<l to them by the Man at wliose House 
they were, that he had been ridvuf abottt Avith him 
itiost of the Day in the same kind of Weitiher and the 
Constable (by whom they had leeeived a Message from 
M^ Hatton rather disi-espectfull) i-eported to them that 
he was not so ill as to be in any Danger from coming 
out. 

The Arrogance and Rudeness with which he charges 
the Magistrates, was no more than the Language they 
thouglit it necessary to use to restrain him from in- 
sulting them in the Duty of their Office when he ap- 
|x?ared l>efoi*e them, chargetl o!i Oath as a Criminal. 
The i;5(to Security he offered for his Negro, was no 
other than his own Recognizance in that Sum, which 
they did not think a sufficient Security; nor did they 



AUMlSflSTRATION OF OOVERNOK FKAKKLI>J. 



27*1 



think the Negro Railable had the Security been ever 
8o good. The Secretary's Letter contained no more 
than his Advice to admit the Negro to Bail if they 
should think it legal so t^) do fi-om the Ciicunistances 
of his Case, of which they wei*e then the sole Judges. 

H The JusticeH had seen the Governor's Proclamation 

'before, and did not think it necessary to read it in the 
presence of M' Hatton, especially as it did not relate 

^ftto what was then recjuired of them. 

Par. «>. Hutches, in the mean Time, had procured a 
Writ of Haiieas Corpus^ and was admitted tc* Bail by 

■the Hon' Charles licad Esqr one of the Justices of the 
Rnpreme CouH, and Collector ctf His Majesty's Cus- 

•toms for the Port of Burlington, by which he was in- 
titled to his Liberty. But the Justices of Cape May 

did not think they had Power t^ admit him to Bail, 

tho' he was committed for a Crime of a less Nature 

than the Negro stood chaiged with, 
■ Par, 7; By the Complaint in this Parag]'ai)h, one 
"would imagine MiUs was one of the Pers<*ns p(>iiited 

out in the Proclamation as l>eing concerned in the Res- 
Kcu€ of the Pilot Boat. But the fact is olherwise. 
^ Mills is not mentiotHKl in the Pnx^lamation in the 

» Light of a Criminal!, nor was he tit all concerned in 
the Affray. M^ Hatton did influence the Printer to in- 
BeH, under the Prrx^lamation, an Advertisement, signed 
Ly himself, offering a liewaini for appivhending Mills: 
but he seems not to have been very desirous of hav- 
ing him taken up, as he declined making any Affidavit 
before the Justices which they thought would be a 
proper Gi-ound for issuing a Pi-ecept against him. 

■ Par. 8& :i. These Wamuits against M^ Hatton & 
his Negn^ were gi'ounded on Mills's Affidavit, and his 
demanding Stiretij of the Peace against them. From 
his going voluntarily hofoiti the Justices to make this 
Affidavit, it .should seem that he did not tiy from Jus- 
itice, and that he bad at least as much Reason to be 



mo 



ADMINISTRATION OP OOVRItNOR FRANKLIN. 



aJfraid from t}ie Threats of M' Hatton, as the latl 
could have from bis Menaces. M' Hatton insinuates 
that he wore Pistols in Iiis Pfjcket. and he charges 
Mills with carrying a Club, they had quan-elled, am 
probably mutual Threats had passed. On 6indin| 
lx»th Parties to their g(X»d Behaviour, the Judges 
obliged Mills to find a Bondsman, but fmm M!" Hattoi 
they took no other Security than his atrn Recotiffit 
unce, which, if it can be called Partiality at all, was 
his Favour; tho' by the Wonis of his Complaint, a' 
Sti*angor to the Fact would imagine they obliged him_ 
to procure a Bondsman. 

Par. li> & 1,^. The Threats of Destruction to any wl 
sliould give M- Hatton any Asiristance, appear no wliei 
but in the Complaint: the Magistrates deny any know! 
edge of it. And, indeed, all his Feai-s of Injuiy tn hi 
Person or Piopei-ty ai)()ear t<i he chimerical and with- 
out Foundation. His Infoimatious have chiefly come 
by his own Servants whom he sent out as Spies for 
that Purpose; and some of the People, knowing their 
Design, have droi>[>ed Expressions on purpose to fur- 
nish them with a Tale, that they might have an Op^l 
portunity to laugh at the Effects of his suspicious Dia-^^ 
position. Par. i:i & 14. are fully answered in the Min- , 
utes of Council. fl 

The Complaint of the 2<i'*' Jan. begins with an intpn^^ 
dent Falsehottcl. No such Promise was ever made to 
him; on the Contraiy the Governor re|»eate<lly told 
him that he could not, consistent with the Royal In- 
stnictions, de]»rive a Justice of his Office, but with the 
Advice of the Council, which could not be expected 
'till after a Hearing. His Complaint against the Mag- 
istrates, after his Answering a few Questions in Expla- 
nation of some Parts of it, afforded but a stlender 
Fovfitlalion for ca^lling upon tlinm to answer it^ mud 
less to tinapttnd them witfuntt a Htimiutj. 

Hechai-ges one of the Justices with pui-suing tlu 



1771] AOMlXiSTKATrON OP OOVKRNOR FRANKUX. 



381 



Constable, to know what Witnesses he had sum- 
moned, and tampering with such as he could influ- 
ence. — Tlie Fact apix^ais thus, 

Justice Whilden happened to nit:;et the Constable at 
the House of one of the Witnef^es sent for by M"^ Hat- 
ton, but did not know the Constable's Krmnd there, 
nor speak to the Witness on the Suljject; nor did he 
ever, as lie declaied on Oath, signify the least Desii-e 
that auy Poi-son should decline testifying the whole 
Ti-uth in Behalf of M' Hatton. The Collector had sent 
his Negro to dog the Justice, who seeing him go into 
this House where the Constable wds. and continue 
thei-e for some Time, !*eturued and told Ids Master of 
it — and his Iniiigination supphed the Kest. 

Mf Hatton says he was more likely to be insulted 
than to obtain Justice, when he had his Witnesses 
before the Justices to he sworn, and refers to a Certifi- 
cate of the two Justic4?s as a Proof of it.— This Certifi- 
cate amounts to no more than this. That two Pci-sons 
brought befoiv the Jastices refused to swear (which 
they had a Right ^ do] and that M' Hatton 's Son hav- 
ing written something for one of them to swear to, 
the Man put the Paper in his Pocket and refuse<l to 
return it. 

It must be observed that M' Hatton procured the 
Depositions of twelve otlier Pei"sons i*esj>ectiug the 
same Ti*ansactions; and it is ixmiarkable that those 
I)e|>osition8 are fill drawn up in the Hand Wrifiny of 
M' Hattun & his Sou, and in such Parts of them as 
relate to the Conduct of the Justices, particular Words 
and Expressions are selected, which, standing by them- 
selves, may sometimes appear tif havea Meaning totally 
different from tlie real Sense of them when connected 
with what was said befoiv and after them, 

M' Hatton concludes his Addivss in Language that 
would excite Comp^ission in tlie Breast of a Savage — 
if the Facts assei'ted in it were true 



ADMINISTKATION OF ftOVEHJfOR PHAKKUN. 



[1771 



"I have left my Wife at the Point of Death thro* 
'* Fright, My only Child wounded and a Cripple. And 
*' my Servants tremhliug thro' Fear: And I obliged to 
'" quit my Family and Otlice And to travel thro' snowy 
" Desalts, All by Reason of the Power and Actions of 
''James Whilden, Thomas Learning & John Leonanl 
** Esquii-es." 

From all that has appeared concerning this Matter, 
80 far as I have l>een able to discover, he miglit with 
as much Truth, have inHeiiied the Names of the Com- 
missioners of the Customs, or the Directors of the Eiast 
India Company, as the Justices of Cape May, For 
except that he was twice sent for by the Magistrates 
on criminal Accusatioris, which took up hut a very few 
Hours of his 'Hme, he seems t<^ have been as much at 
Liberty, and as fi-eo from Obstructions from the Mag 
istrates and all <»ther Pf i-sons within their Jurisdiction 
as anj* Man in the Country. 

In l»is l^emonstranre of the I'O^' of Febi-uary he 
charges *' the greatest Fart of" the People of the Coun- 
ty" with being '* Smugglei-s, boastiog the Sweets of an 
ilhcit Trade, and dei)«:»ndingon the Magistrates for Sujh 
port in their Villauy/' 

M^ Hatton has resided among them for some Years 
\mst and been jjaiiicnlacly intimate with them, in all 
which Time he has made no Complaint o^ an illicit 
Ti*ade being carriefl on amungst them, nor has he now 
pointed out any Instance of Smnggling, or shewed any 
CiivuiusUuices to indnc^j a Belief that there has been 
any of tliat Business carried on by the People of Cape- 
May, Tlie. Bulk of the People and all the Magistrate 
of whom he has complained, are Farmers, unac- 
quainted with Trade, and accustomed to a retiixni and 
peaceful Life. That there may have l)een 8n\uggling 
can*ied on from on boani the Ship he mentions, is voiy 
probable; and it is beyond a Doubt that M' Hatton 
and his Son wete much heat and wounded on botutl 






1771 1 ADMINISTRATIOS OV OOVERN'OH PRANKUK. 



2fi:} 



the Pilot Boat by Seamen l>elonginp; to the Ship— but 
it is not even alledged that the Magistmtes of Cape 
May were privy to it, <ir gave any Countenance to the 
Perpetiatoi*8 of it. Hu^ihes, the only Pei*s<»n, except 
the Sailoi-s, who was in the Afifmy. was taken up by 
the Ma^stratos and committed to Prison as soon as he 
came on Shore; and, notwitlistaading the Violence of 
M' Hatton s Accusation, the Miigistrate before whom 
he was examined, alledges that Hatton and his Son 
acknowledged, on their fii-st coming on Shore, that they 
had intreated Hughes, during the Affray, to moderate 
the Fury of the Sailoi-s & to save their Lives, and tliat 
Hughes had inteijiosetl in their Behalf. The Truth I 
lielieve is, that M"" Hatt^»ii l>Hing diHJipixtintt^d of the 
Prize he had taken, was determined to turn his Wounds 
to some Account anotlier Way. He seems to have 
had it in View, from the Beginning of his tJuaiTel, to 
provoke the Magistrates into Acta of Indiscretion, that 
might wear the Ax'fH'arance of Persecution; and strives 
to ground all their Transjictions against him, on a Set- 
tlwl Dislike to his ( >ffice, as one that the People wish 
to be entirely rid of. He wants to induce a Belief in 
his Superiors that he is pei*secuted for a strict Adher- 
ence tfi his Duty, which lie doubts not will procure 
him Preferment. It is not the Office but the Officer 
that is unpopular in the Province. He ascribes to 
himself the Attributes of Majesty, and considers him- 
self as out of the Reach of the Laws— that his r'ei*son 
and his Servants are sa<Te<l, and not to be called to 
Account for even the most attrocious Crimes;— that 
his very Potatoes are to be treated with so much 
Resi^tect, that a Servant em])loyed in gatbeiing tliem, 
must not be aiivtited tlu/ cJiarged on Oath witli a 
Design against the Life of a Subject ! It is by no 
Means strange that a Mind under the Influenre of 
such Ideas should, on the other Hand consider the 
People of the Country as in a State of Kebelliou, dis- 



284 



ADMINISTKATtON OP OOVRUN'OK FUANKUN. 



(IT71 



regarding all I^ws but such as they can exercise to the 
Oppression of his Majesty's Officers, and carrying on 
an illicit Tmdo in (>|>t' n Defiance of tlieni, and that he 
should aticribo to the Magistrates against whom he 
coniplaios, an unbounded Influence over the Bulk of 
the Peo|)le, and a rrioi*e arbitr*ary Exercise of Power 
than the Biu^haws of Turkey could ever aiTive at. 



Some Notes taken by tlie Do])? Secretarj'- on the 
Examination of Jtdin Hatton Esqr lief ore 
the Governor & Council. Febr 23, 1771. 

John Hattou Esq' being examined by the Governor 
in Council says. 

That he i-eaides in Cold Spring in the County of 
Cape May r»(i, or «>(» Miles or more from Salem, — tbat 
he does not know how far it is from Cohansie, — does 
not know whei*e Cohansie is,— believes it is in Cum- 
berland County — it. is not in Cape May. Doe^ not 
know any Place called Cohansie, hut knows a Creek 
or River of that Name. 

Saw Ins|>ei:tor Williams, who was down at Cape 
May twice; saw him there but once being from Home 
the other Time he came down. M' Williams borrowed 
Hatton's Book of Lettei-s and r^tunied it to him. 
Knows a Person of the Name of Murch who is a Gen- 
tleman, — l>eheves he was a Merchant, — was ac- 
qnaint*^ with him.— received several Lettei*s from 
him, but never seut anyone of his IMterH to the Com- 
viisiiionera. Does not recollect rt*ce«e7Hy any i-emark- 
ahle I^etter from Mui*ch charavfensint/ the Pettpie of 
this Proi'ince, Does not know that he, Mui-ch, was 
ever taken up by a Magistrate or committed to Prison. 
Since Murch went k) England has itK:? a Letter from 
him (livst Fall or Summer) nHjuesting he would pi-o- 
cure him a Certificate of the safe Linding of some Tea 



1771] ADMINISTRATION OP OOVERNOU PttANKLIN. 



^Hb 



he had to Philadelphia cx)n8igiied to one Mr Boyd to 
sell. Is vei^ clear he never sent a Copy of a Letter 
from Murchy to the Commissioners. 



Some Notes taken by the Dep'^ Secretary on the 
Examination of Johu Hatton junr Febr 23? 
1771. 

John Hatton juu' examined by the Governor & 
Council, on Oath says 

His Father resides at Cold Spring in tlie County of 
Cape May, — knows Salem, — has been there, but does 
not know the Distance they are apart,— never trav- 
elled that R*ad,— it is above 5 Miles,— not lOO,— nor 
80, — has heAi^ it is about 60, or 70 Miles. Remembers 
M- Murch. an Englishraan, Christian Name John he 
thJnkf;, — does not know his Occu{)ation, — heard he in- 
tended to purchase Lands, hut that he did not pur- 
chase any,— haii seen him at his Father s House, — W 
Murch wi'ote sevei*al l^ettei-s to his Father, one of 
wliich he rememboi-s characterises the People, but 
doe8 not remember what Cliaracter it ga^e, — l^elieves 
he may have copied tliLs Letter — [Objects to answering 
such questions as reveal his Fathei-s Secrets] After- 
wards says, his Father (lid transmit a Copy of the. 
Letter to the Commissioners; tliis Letter declared 
Murch did not choose to purchase Lands in snch a 
Country. Remembei-s there was something alwut the 
Governor in it, —is certain it was wrote by Murch, — 
does not know how the Letter came to the House, but 
flaw it after it came. 

Never was at Coliansie, — does not know how far it 
ifl from his Fathers House. 



ADMINISTRATION OF GOVERNOR FRANKLIN. [1771 



Copy of a Letter from the Commissioners of 
the Customs, to Gov^ernor Fraukliu 



His Excellency Governor Franklin 



M^ Hattoa Collector of Salem & Cohensy having 
represented to us that in the Month of Novenilmr hist 
a large Ship called the Pi-ince of Wales, Captain Craw- 
ford, arrived in Delaware Bay either from London or 
Liverpoole which Ship was met hy several Pilot Boats 
(and as he had been inform VI) were employed to re- 
ceive sundry Contraband Goods fi-om on boanl said 
Vessel, that he attempted to go on hoani of her, but 
that tbey manned their Sides with Guns &c and 
threatened to Mui'der him, that he had niade Seizure 
of one of the Pilot Boats, havinj^ some of those Goods 
on boai*d, which was afterwards rescued out of his 
Hands hy a number of Pereons in a Barge belonging 
to the Ship, upon which Occasion, he, his Son and a 
Negro Servant, were treate<l in a most barbarous man- 
ner, gitjatly wounded and with great difficulty got on 
Shore. That his Son was, aftorwaixLs met hy a num- 
ber of Sailors at Philadelphia, tair'd and feathoivd. 
put in the PiUoiy, dragged hy a Rope through the 
Water and left in such a Condition that his Life was 
despaired of— We tliought it nece.^sary to transnu't 
Copies of the several Pai>or:^. laid before us, for the 
Information of the Lords Commissioners of His Ma- 
jesty's Tivasuiy. We havp since i*eceived further Ac- 
counts from M- Hattou complaining of the Conduct of 
the Magisti-ates, & of Distitssaes & Kmbarrasments 
which have a]>]>eared to us to be most extraordinary 
and in some Instance's improbable, but as he informs 
us that your Excellency had issued your Proclamation 
and that the matter was to l>e heai-d l>efore your Kx- 
cellency and your Council on the lM'.' of February, We 
should b^ glad you would be pleased to acquamt us 



I 




1771] ADMIN'ISTRATION OF 00VJ5KN0B FBAKKLIN. 



287 



with the Result of this Enquiry, that we may he able 
to form a true Judgemeut of the Couduct of our 
Office.— 

We are with great Regai-d Sir 
Yojur Excellency's 

Most Oliedient himihle Ser*vants 
Hkn. Hl'lton 

W" BlTRCH 

Benj. Hattowell 
Custom House Boston 2<!"' March 1771 



Qopy of a Letter fi-om His Excellency (T4jver- 
uor Franklin to the ConimissionoT-s rrf His 
Majesty's Castoms at R>ston 

BrRLixoTON April lo, 1771. 

I Yesterday received your Letter of the ao*.** of 
March, and am much sm'prized to iind that W. Hattou 
has not acquainted you with the Result of the Enquiry 
made by the Governor & Couucil into his Complaint 
against the Magistratem of Cape May, as on the :i5'.'' of 
Feb'' he obtained a certified Copy of all the Minutes 
& Fi-oceeding« relative to that Matter, which ho said 
was to be immediately transmitted to you, agi-eeably 
to the Oi'dei'S you had befoi*e given him. However as 
it appears ])y your Letter that you have not received 
them, 1 have directed the Secretary to make out 
another Copy, which I send enclosed; together with 
a Copy of sundry Notes & Observations m;uie by him, 
explaining more particularly several Mattel's relative 
to Mr. Hatton's Complaint, which ai'e either omitted, 
or slightly mentioned, in the Opinion given by the 
tiuvernor and Council. By c^unparing tht^se with the 
several Paragraphs of the Complaint, as uutubered 



ADMINISTRATION OF OOVERNOK FRANKLIN. [1771 



you *' may be able to fonn a true Judgement of the 
Conduct of your Officer." 

The Rpprespntation M- Hatton has made to yhu of 
i\w ill Treatment that he, his Sou, and Ne^o. ivceival 
from a Number of Seamen belonging to tlie Ship 
Pnnce of Wales, in Delawai-e Biy, on account of his 
having seizetl a Pilot Boat, suspected to have 9*>me 
Contraband Goods on Board l>elonging to said Ship, 
and of the barbarous Usiige which his Son afterwanls 
rt^ceived of them and a Numl»er of others at Philadel- 
phia may, for aught I know, be very just. They were 
Tiiinsactions entirely out of the Jurisdiction of this 
Government, and whicli I have had no Opportunity of 
enquii'inji: particularly into. But as to his Complaints 
again's^he Conduct of the Magistrates, and of the 
Distress which they have occasioned him, I do take 
upon me to siiy they are entii-ely false and malicious. 

Altho' I have long had a very bad Opinion of M' 
Hatton's PrinciyJes and Disposition, yet as he ap- 
pe-are<l before me witb several Wounds, which lie said 
he had got on board a Pilot Boat, from some Iiish Sea- 
men, when doing his Duty, and tt>ld me .a melancholly 
Story of tbe ill Treatment he had receive<l from three 
of the Justices, 1 was moved to give some Credit to 
his Assertions. Accordingly I issued a Proclamation 
for appiiihending the Pei-sons concerned in the Affniy, 
in Case any of them should api>eai* in this Province, 
and afterwards sent OnIi»rs to the Justices to appear 
befoi-e me in Council on the 21" of Febiuary, which 
(as they and most of the Gentlemen of the Council 
Uved at a givat Distance) was as soon as they could 
be well got together. I besides iid vised him to apply 
to the Governor of Pennsylvania for a hke Proclama- 
tion, and to obtain the Chief Justice's Wan-ant for 
searching all sus|HH:te<l Houses & Places in Philadel- 
j>hia, at which City the Seamen were at that Time. 
He was likewise advised by the Attorney Q^n! to ap- 



I7*?l] ADMINISTIUTIOK OF OOVEKNOU FRANKLIN'. 



!i80 



ply to the Court of Admii-alty, where only the Offence 
was properly cognizable. Neither of which he did, as 
I have heaixl. On the contrary^ he has done but little 
else but ride about the Country, taking a Number of 
unnecessaiy Jomoiies to Philadelphia, Burlington and 
Aniboy, with an Ex|>ectation, as I suppose, of receiv- 
ing a handsome Allowance out of the Revenue for his 
Trouble and Exjiences, on pretence that he was en- 
gaged in what his Majesty's Service absolutely re- 
quired. 

The Day fixed for the Heai-ing, and some Days both 
liefore and after, happened to be the sevei^est Weather 
we had during the Winter, yet several of His Maj- 
esty's Council and the King's Attorney, tho' they had 
between tin & To Miles to Travel, gave their Attend- 
ance & spent with mo near tlu*ee Days in hearing the 
Parties, and enijuiring int-o the Affair, when they gave 
it as their unanimoiis Opinion, that there was no just 
Foundation for any of M' Hatton's Chaiges against 
the Justices. — The Particulars of his Complaint, and 
the Opinions of the Coimcil and Attorney General, are 
set forth at large in the Minutes. I could not but con- 
cui- with their Sentiments, 'as the Facts in favour of 
the Justices were, indeed, too evident to admit of any 
Hesitation in the Matter. 

M- Hatton apixiai-s to be a Man of a very unhappy, 
iolent Temi>er, sometimes b<.)rdering on Madness, so 
that it is inipossiljk* that he can Uvo long in Quiut with 
his Neighboui*s. He has extravagant Notions of his 
Power and Imi)ortanceas a ColkxTtor of the Customs — 
insists upon great Homage and Deference being paid 
him by the Countiy Magistrates— tells them he is ex- 
emptetl from paying Taxes out of England — & that he 
has it in his Power to get the Governor C'ouncil, Chief 
Justice. Attorney General, and every Officer of Gov- 
ernment i-emoved, if they should at any Time it^fuse 
to do as he would have them. In short, thei-e is noth- 



iiOO 



ADNINMSTRATroX OF CiOVEKNOR KHANKIJV. [1771 



ing so absurd & outrageous, that he has not shown 
himself capable of saving or doing, on which Account 
I have ha<i moit* 1'i^uble with hini than with all the 
other People in New Jei-sey. Besides, he has got a 
Notion in his Head, that by making a givat Clamour 
against tl)e Inhabitants of this Province, representing 
them all as c»»ncerni*d in Smuggling, in (Combination 
against him and his Authority, and that he is suffer- 
ing from his active Zeal for his Majesty's Interest, he 
shall make himself a Man of Consecpience with the 
Commissioners of Customs, & through them get pre* 
ferred to a better Collecrtorship, In this I should most 
heartily wish him Success, so that it was any where 
out of tin's Colony, were I not wi»Il assiued that he has 
been unfaithful in his Trust* and strongly connect-ed 
with some of the most note<l Stnuggleis in Philadelphia, 
and with the only Pei*son in all his District who is sus- 
I)ected to have any Concern in such illicit Practices, Nor 
ind*36d, liave T the least Doubt, if the People on Inward 
the Ship and Pilot Boat iiiid offeretl him Money instead 
of Blows, wlxen he first came to them, but that he 
would readily have accepte<l of it, and left them to pur- 
sue their Me^isures without any Disturbance from him 
whatever. 

I do not. however, exf^ect that the Opinions of the 
Governor. CV)unciI, Attorney (lenei-al A Seavtary, now 
transmitted t<t you, will have nnu-h Wei^i^ht with you. 
Gentlemen, or make yon tliink the woi*se of the Con- 
duct of yf)ur Officer. My Reasons fi)r this 1 shall tell 
you candidly, that if I am in the Wrong in any of 
them, you may set me right. They are 

r. Because you paid so little Regaitl to the Opinion 
of the Oovf and Council, in the Year 1 7it>, on a former 
Complaint of the same kmd, that you thougiit it nec- 
essary to send to me for " Copies of the several Affidu- 
i*ifs and otfifv Materials upon which it was f/rautttieti: 
thereby shewing that you either l)eheved us to b« in 



1771] ADMINISTKATJON OP UOVER.VOa KICVNKUN. 



zn 



competent Judges, or doubted the Justice of oui* Decis- 
ion, and were therefoie deterinined to make a fresh 
Elnquii-y into the Matter Youi-yelves. 

2** Be<au.se I am credibly infonn'd, that so fai* from 
blaming or censuring Hatbon for his extmordinary 
Conduct at that Time, you even gave him Marks of 
your Approbation, complimenting with a P]ace in the 
Custcmis, an infamous Fellow whom he then sent to you 
with his groundless C(jmplaints. I call this Fellow 
(whose Name is Clark) infamous, because he appeared 
evidently, lK>tli to the Council and me, to he determhied 
to swear thro' thick A: thin, in favour of Hatton, and 
contradicted himself so often in the Course of his Tes- 
timony, that several of tlie Council declai'ed that they 
thought he ought to have been committed to the Goal 
foi' Perjury. 

ii'.' Because your own Inspector General of the Cus- 
toms (who was particularly directed by you to euquiitj 
what Foundation thei-e was for M' Hatton's Complaint 
at that Time) not only represented to you, in his Ke- 
port or I^'tter of the 17"' June ITillt that tiie Disputes 
Hatton had with the People were "of ^private Nature, 
arose from Irijliny Matters, owing to an unwise De- 
porimeut in his^>//t'a/6/s7a//o//,"andnot **ou Account 
of his Zeal for the Service,^' or for *^ exerting himself 
in liis Dnlt^^^^ AS he had alledged. but at the same 
Time acquainted you with sundry Ftu;ts, and trans- 
mitted to you a Number of Proofs, fully evincing that 
he had been guilty of unwarrantable Practices in his 
Office, and had given Encouragement and Assistance 
to some of the most noted Smugglers, to the great 
Detriment of the King's Revenue; notwithstaiulitig 
which you have sutfeivd liim to cx>ntinue in Office, 
and have not, at least as I can learn, ever shewn any 
Marks of your Disap|»robatiou of liis Conduct. — Had 
1 not known that the Lisi)ector (ienei'al, after a strict 
Examination into tlie Matter, had made ^uch a Kepoi-t 



292 



A0MINIBTRA110N OF OOVEBNOR FRANKUN'. 



[1771 



to yon, 1 shoukl myself have suspendttfl Hatton from 
acting in his Office till further t>rdei*s from proper 
Authority. But as you were made fully acquainted 
with his Conduct, and it was a Matter ovei* which you 
had a particular Superintendancy, I was unwilling to 
interfere; more especially as I had a Right to expect 
that you would have thought yourselves in Duty 
hound, after receivuig such Information, to remove 
him imniediat^'ly from his Office in the Customs. 

Thei-e is one Matter more, Gentlemen, which I 
think necessary to mention to you on tliis Occasion, 
It appeal's by M' Hatton 's Book of Letters (which has 
heen seen by several Gentlemen in Salem) that he 
wrote you a Letter on the 'J'^** of Jan^ lirtJt, containing 
some injurious Reflections on me A the Magistrates, 
accusmg us of having treated liim witli Inhumanity^ 
& intimating that we wei-e Enemies to our Kimj & 
Country. At the same Time he sent enclosed a Letter 
which he said he had received from an English Gren- 
tleman wlio arrived here tlie June prec<»ding, and 
'* would give you an Insight of his disagi*eeahle and 
precarious Situation.*' A Copy of this pretended Let 
ter I have seen. It is signed with tlie name of John 
Murch, and is dated Nov*^ 28. ITHK. There never w 
l>erhaps, considering the Time when it was wrote 
Letter penn'd with a moi-e wicked Design: But as it 
seem'd to can-y its own Antidote with it, being tilKd 
with an extravagantly ridiculous and improbable Ac- 
count of the Disposition & Intentions of the People of 
this Province, I never took any Notice of it, except 
writing to the Inspector General (when I heard he was 
at Phikulelphia on his Way to Halem) a<qnainting 
him tliat 1 suspect-ed it to Ik* a Forgery of Hatt*:»nV, or 
at least that Mim.:h was some low Fellow who had 
wi-oto it at his Instigation, and should thei-efore he 
mudi ol)liged to liim it he would demand a Sight of 
the Original, and enquii-e Muixjh's C'haracter and 






1771] ADMIXI8TRAT10K OP GOVERNOE FRANKLIN, 



203 



n n c 

ft 



^^1 



where he was to be found, that he might, shoulfl there 
be Occasion, be examined concerning it. Nor should I, 
Gentlemen, ever have thought it worth my while to 
have said anything to you on t\w Sulije<;t (having enter- 
tained too good an Opinion of yoin* Understanding to 
suppose such an absind Lettei' could possibly have any 
Regard paid to it by you) liad I not observed in your 
last Letter, that you ''thought it necessary to trans- 
rait to the L(trds Oomraissionei-M of His Majesty's 
Ti-easury, Copies of the several Lettei-s laid before 
you" by Hatton, relative to his last f'4)mplaint, tho' 
no proper Enquiry had then been made into the Tiiith 
his Representiitions, at least none which had come 
your Knowledge. This, I own, has alarmVl me. 
You may have likewise thought it necessaiy to trans- 
t to their Lordships the two above mentioned false 
and scandalous Letters respecting me and the Inhabi- 
tants of this Colony, without so much as enquinng or 
thinking it your Duty to make any pi^evious Enquuy 
into the Trutli of the Allegations. And their Lord- 
ships, not being acquainted with the real CiiTtum- 
stances of the Case, and |)erhaps relying that you 
would not trouble them with any idle Informations, 
or such as you had not good Reason to beUeve might 
J>e depende<l upon, may have conceived Prejudices 
greatly to my Disfavour. Had I received any such 
Letter concerning you, Gentlemen, and thought them 
worthy of the least Attention. 1 am sure 1 should 
have doem'd myself bound in Honour to have in- 
fonned you of it immediately, that you might have 
an <)pportunity of clearing yourselves from any Im- 
I>ntalions they containefl, and of explaining your Con- 
duct to His Majesty's Ministers: And I would wil- 

ingly believe that you have not, as yon never gave 
e any Notice thereof, transmitted those Letters to 

[England resi^ecting me; but, if I am mistaken in this 
oint. ami the Lettei^s are actually transmitted, tlieii 




J 



2r)+ ADMINISTKATIOK OP OOVEMXOR PHAN'KUX. [1771 

I must desire that you will as soon as possible, send 
rae Copies of them projwrly authenticated under the 
Great Senl of the CN>lony wliere you reside, that I may 
have it in my Power to obtain that Justice from M' 
Hatton which I am entitled to, A Request so reason- 
able I hope you will not refuse, especially when I tell 
you tlint Hatton liad the Assurance, when I lately 
tax'd him in private with having written & sent those 
Tjetters, to deny that he ever wrote a Syllable to you 
against mo, or ever sent you any I^etter from March, 
having, as he said, always enterUuned tlie highest 
( »[)inion of me and my Conduct in this Government. 
But as I thought that he might aftferwanls deny he 
had ever made such a Declaration to me (no i>ne l)e- 
aides bt»ing present at the Time) I took an Opportunity 
of asking him about tijose Letters l>efoi*e the Council, 
when he again jiositively asserted, ""fhtit he was very 
clear he never sent a Copy of a Letter from Murvh to 
the Commissiit/iers.-' However, his Hem (tho' he has 
as bad a Character as his Father) being soon alter ex- 
amined on Oath upon the s^iuie Subject, and not 
knowing what his Father hjid said, confessed that Hat 
ton did tratiJimit to ifon a Copy of a Letter from 
Mnrchy and tliat it was relative to nie and the People 
of thin Province. A Copy of the Notes taken by the 
Secretary of their Examinations on this Point, and 
concerning the Place of the Collectors Residence 
(which is said to be without the District allotted him 
by his Conunission) I send enclosed for your Perusal. 
That this UeprestMitation, Gentlemen of M' Hatton's^ 
Conduct does not proceed from any particular Enmity 
to the Man,' or Indinatifm to do him a Disservice, you, 
must do me the Justice to allow when vou consider*" 



■ WamuitN vrvre Imuu^I by thi* 8uprvni« ExecaUv*! Cmincll of PransytvHulH tn 
AU£iiflt. 17r{). for Ihp lureKt uf thi* Hattmut. tt.Milnranil Juiiirir, r<>r '* tnumnuitile 
praclk'PB," In lU'ttnff In tht* vscape from JafI of CV1. Kirklan<l. The vldor UMton 
wui vivMted iu N«ir J4>nter> t^kjoo to I'ltilotlulphia, lunl rrli-Mwvl uu bAO.— Bam* 
Col. RtcvrtU, X., 000. 070, DM, (H»; Ptun. Archiivs, V.. T. 







shewn him no Resentment on Account of his Letters 
(tho- I have long known of them) but have never yet 
demanded t>f him my Share of the Seizui-e of the Sloop 
Speedwell (which he gave you such pompous Ac- 
unt8 of in 1768,) notwithstanding I am well in- 
brm'd he has convert<^d the whole of it to his own 
Use, not having even accounted for the Share due to 
Majesty - 
I am with great Regard, Gtentlemen, 

Yours. &c 
W? Franklin 



>py of a Letter from the Insi3ect<:)r General to 
the Coinniissioners of the (Jastouis. 

nilemeiiy 

my Report of Delaware Bay & River, your Hon- 
wiU see the Situation of the Distiict of Salem; as 
the Collector's Dispixtes mth the People; they are 
in my Opinion of a jirivate Nature, and arose from 
trifling Matters, I can't find that Mr Hatton has ever 
Hdisobliged any Pers(m there as an ofificor and thei-efore 
^■kas not given any Cause for Itesentment ag;iinst him 
Hpa that Account, on the CJontrary he indnlged them 
^in a very great Dogrw, even in giving them blank 
^Certificates and blank Permits to l>e filled U]» (>y 
^■hemselves. 

^ I send a Xuiubm- of those Permits and Certificates 
^^closed whicli Your Honoiu"s will see are filled up 
^Krith as many different Hands, as they are for Persons. 
' What Prt^ences M' Hatton t*an form that h«^ receive<i. 
ill Trcjitment fi'om the People on Accoiuit of his Zeal 
for the Service, Your Honours will best judge. I am 



39ft 



^DMiyi8TltATI0?r OP aOVERNOtC FRANKLIN. 



[1771 



further to observe that eveiy Vessell which entered 
with hiiu from the West Indies was only in Ballast 
except 5. from April 1705 t;0 May 17(tO, which was 
detected by the Man of War and Cutters, and what is 
still more remarkable he never entered any, but what 
belonged to noted Srun^Iei*s. — John Relfe is the Per- 
son who had the Permit from him for the 5 H'hds of 
foreign Sugar aft-or they woi-e seized by the Collector^ 
of this Port, 

Since September I7»>7, three Vessels entei*ed with 
Hatton from Gaudaloupe and one from Dominico, all 
in Ballast, and be has not received a ShiUing Duties 
during tliat Time.— Every Smuggler speaks well of 
him as a Collector, but in his private Conduct as a 
peevish, fi-etfull* and not a very good natured Person, 
— Though I do not think myself concerned with the 
pnvate Character of any Officer, yet I found myself 
under the Necessity of mentioning this of M' Hatton 
as he complained of receiving ill Usage from the Peo- 
ple on Account of exerting himself in his Duty, that 
your Honours may the bettor see how far that was 
the Case, and tho' it is probable tliat he might have 
been ill used yet there is little Doubt of its being ow- 
ing to an unwise Deportment in his private Station. 

He has lived for a twelve Month past at liaccoon 
Creek, and is now i-eraoved from thence to Ca\ye May 
!Hi Miles l)elow Salem, out of the way of all business, 
so that it is necessary he should fix his Residence in a 
proper Part of the District. 

By this j»lain State of Facts 1 hope your Honours 
will see all Circumstances concerning M' Hatton & his 
District in thyir Piopt^r Light. — His Situation having 
a Family to support with a narrow Inconae might ac- 
count for some of the iri-egular Appearances in his 
Conduct as an Officer That with his Time of Life in 
a distant Country renders him an Object of Compas- 
sion, and therefore I beg Leave to recommend him to 



1771] ADlflNISTRATION OP GOVERNOR PRANKLtN. 



S97 



your Admonish meat as I prosuine it will come witb 
more Propriety & Weight from Your Honoui-s than 
nie and wish it may have the Effect of liis living; 
upon a better Understiiuding with the People, & being 
more Circumspect in the Duties of his (Jffice. 

I am with great Rest»ect, Your Honours 

Humble Servant 
J, Williams 
Philadelphia 17 June 1709 

To the Hon'*-* The Commissioners of His Majesty's 
Customs at Boston 



Ijetier from Governor Franklin to the Earl of Ht'lls- 
horoufjh. avmniiicinf/ fhe coutinued refusal of the 
Assembly to grant money for the supply of the 
King*s troops. 

[Fnun P. K. O. America aoiJ "Went Itutiea. Vol. |'6<1M).| 

BuRLLVGTON Juno I. 1771. 
fo The Ripjht Hon^"*^ The Earl of Hillslx>ri>agh 

My Lord, 

In ray T^etter of the 3o"' of April, T informed your 
Lordship of the Assembly's having at that Time refus'd 
to grant any Money for the Supply of His Majesty's 
Tnxjps stationed in this Pro\ince, but that 1 had Hopes 
of their receding from their Kesolution at the next 
Sessiou. In tliese Hopes, however, I have been greatly 
disappointed, for thoy have again n^solved. by a great 
Majority, not to comply with the Requisition. The 
only Reason they give for their Refusal Ls, that the 
Colony in its pn.^sent Cirtnimstances is not of Ability 
to make any further Provision for the Troops, which 
is one of tlie wui-st Reasons tiicy could possibly have 



20R 



ADMINiRTIlATIOH OP OOrERNOR FRAJTKUN. 



inn 



invented, it being a notorious Fact that the Colony 
was never in a more flourishing Condition than at 
present, and that there is now actually in the Ti'easury 
a greater Sum of Paper Money unappi-opriated (origi- 
nally made current for the Use of the Crown) than is 
sufficient to answer the present Demand. Their Con- 
duct therefoi-e in this resj>ect is entirely inexcusable, 
and 1 can aasure your Loi-dship that it not only appears 
in this Light to me, but to many of the pnncipal In- 
habitantR of this Pmviuce. Some of the Memlwrs 
who voted against the Supply had [wsitive Instruc- 
tions from their Constituents to grant it. The real 
Cause of their extraoi-di nary Conduct, as 1 am informed 
and have Reason to believe, is that they expect a Dis- 
solution will shortly take place, in order to give the 
Counties of Morns, Cumberland, i*fc Sussex an Oppor- 
tunity of electing Members agreeably to the Law lat^'ly 
contirm'd by His Majesty/ and that by their Refusal 
they should recommend themselves to the Bulk of the 
common People and so secure tlieir Elections. I had 
therefore some Thoughts of diss^jlving the Assembly, 
in hopes tliat after they had secnre<l their Seat-s by a 
new Election, they might be (nought to gi-ant the Sup- 
ply as formerly; but the Gentlemen of the Council, 
and many other FriendH of (.Tovernment, were of Opin- 
ion, that if they were dissolved at this Time, it would 
be underst(X>d, that it w^as on Account of their refus- 
ing to burden the People with new Taxes, &c. which 
would encrease theii* Populanty. ensure the lieturn of 
the same if not woi-se Men into the Assembly; and. as 
they would be re-elected pnncijKilly for their Refusal 



'Morris eoun^ wUMt off from Himterilon ommty. tar iun«d iHuaed M ancli IS, 

ITaW>. hot coDtintiff] t«i vciif with niinturdon in tlip elfvtion of twu Awwobl^pn. 
ruiilbf rliui'l n «B SHi off rn>in Salom by aut paMtsl JfU)uar>- ir». 17J7-S, Imt will »ot«Hl 
with Saluu In tt)(> AMonibly elections. 6ut»cx was n*t off fmm MnrriB by mcl 
pasMctt Jute ti. ITM. hut iHrniltiuHl to ruti^ witli lluntvrdon in the cbooMnit ot 
AMtnnblyinen. By ftn aei potwrd M nr lO. );r/4. fontlrm-«l bythrKlnfrln tVuncQ, 
DeotnbM- S. 1770. vach countj wa»* •Unwwl i.i chf^o-c two TvprMontAtirtM.— ^(/m. 
•on'* Lam, 100, lU. IM, 908, ami rorinar aisiAtcheBiuite. 



ADMIHI8TRATI0X OF OOVEItNOU FKANKLIK. 



299 






of the Requisition they would probably still avoid a 
Compliance. 

My l^qK-»se at present is to prorogue them from 
Time to Time, without letting thera proceed to any 
Business till I am honoured with His Majesty's Pleas- 
ure thereupon. If it should not be thouglit expedient 
to punish tlieni with a Suspension of their Powoi*s of 
Legislation by Act of ParUament, as was done in the 
Case of New York on the like Occasion, the same Thing 
may be regularly & constitutionally done by continued 
Prorogations, untQ they consent to make the Provi- 
sion reqniretl. There are many Mattei-s both of a pub- 
lick and private Nature for which they want to obtain 
Acts of Assembly, and for which rather than continue 
long without, I imagine they would give up the Point, 
Or, if Leave could be given me to consent to a Loan 
Office Act,on Condition that Pai't of the Interest shoidd 
be annually applied U» the Sup[>ort of the Troops, i am 
convinced that the People in general would then insist 
upon the Assembly's Compliance, even tho' the Money 
was allowed to be a legal Tender iu the Troasuiy and 
Loan Offices only. But this camiot be done, I sup 
IM>se, without an Altei-ation in the late Act of Parlia- 
ment res|>ecting Paper Currency iu the L'olonies. — 

The only Tnconveiiiunce w^hich occuia to me as likely 
to attend the Promuging the Assembly tiU they are 
brought to a proper Sense of their Duty, is, that if 
they should happen to hold out any long Time, the 
Officei*s of Government would be deprived of their Sal- 
aries, which, small as they are, tliey cannot well do 
without. The present Su|ii)ort of Government, how- 
ever will not expire until the fii'st Day of October next, 
by wliicb Time I may, ix^rhaps receive His Majesty's 
particular Directions for iny Conduct iu this Matter. 

I have the Honor to be, with the greatest Kesjx^ct, 
My L:>rd, Your Lordship's most obedient 

& most humble Servant 




J 



300 



ADMIMISTHATION OF GOVERNOR FBANKLUI. [1771 



Letter from the Lords of Trade to Gov. Franklin^ rel- 
ative to the disattowa)ice of two Acts of the As- 
sembly of New Jersey. 

I From P. R. O . B. T , Ni'w Jerwy. Vol. fl. p. U1.\ 

Whitehall June 2J, 1771 

To William Franklin ¥Aif Crovemor of New 

Jersey. 
Sir, 

We have had under Oui* consideration the Laws 
passed by you iu October 177(>. and have found it nec- 
essary for reasons which we have humbly submitted 
to His Majesty to propose that two of the said Laws, 
that is to say the supplementary Act t-o the Act for 
enabling Creditors to recover their just Debts and the 
Acts for confirming Titles derivetl from Grants and 
Devises made by Aliens should be disallowed. 

Besides these Laws the Act for the support of Gov- 
ernment api>ears to Us in part to requii'e explanation, 
and to be in other respects hable to material objection. 

The inclosed Extract of the Report made to Us on 
that Law by Our Counsel, contains a very proper and 
just observation on that part of it which directs the 
Salaries to be paid out of such Money made current for 
His Majesty's Service in the late War that now is in 
the Treasury and altho' We have full Confidence that 
the Legislature of the C'olopy woxild not designedly pro- 
I»oae any Law that should iiave the operation to give 
a further Currency to Pa|»er Credit* than what tlie Act 
of Parliament allows yet J^aws of this [kiihl] may be 
so inadvertently frame<i as to have that consequence, 
and therefore in a case of this kind the utmost pre- 
caution should be used to prevent it and to leave no 
room for any doubt in the consideration of the Law 
here, and We think that the best means of avoiding 



my 

I 



ADMINISTRATION OF GOVERNOR PRANKLtN. 3tH 

any such mistake or doubt would be to state in future 
Act« of this sort the quantities of Paper Bills remain- 
ing in the Treasury under the different emissions at 
the time of passing the Act and the jieriods fixed for 
their redemptions. 

f We have long had hopes that the House of Kepre- 
sentatives of New Jersey would from the propriety of 
the thing itself have receded from their Claim of the 
Sole right of appointing an Agent for the Colony 'and 
that those words in tlie supjxtrt Bill which are meant 
to establish their Claim would have l>een omitted, We 
ibserve however with conceni that they are still con- 
nued and therefore as we tliink that sucli Claim is 
n just and unwarrantable, and never cau admit any 
person to appear before Us as Agent for the Affaire of 
the Colbny at large who is not appointed by concur- 
rent Act of the whole Legislature of the Colony, it is 
Our Duty to signify tliat opinion and re^tolution to 
You in order that you may not give your Assent to 
any Law with the like Clause for the future. 
We are, Sir, 

Your most obedient humble Servaiits 

HlLLSBOROUmi, JoUN ROBEKTS, 

Ed; Euot. W? FrrzHKKBKKT. 




« Letter from the Earl of Hilisboromjh io Gov. Frank- 

^iin approving his condnvi in the matter of recruit- 
ing the King* s forces^ and iitclosiug public papers. 
[Pnim P. R. O. .UUBrif'A miul West Iniliait, Vol. 170(UM).| 
Whitehau., July S"";' 1771. 
Gtovemor of New Jersey. 

I have received, and laid before the King, your let- 

' Bre OoTornor Kraakiln's teUer of DeonnlxT SR, 1771, 




3()2 



ADMI.VISTRATIOX OF GOVERSOB PRANKUW. [1771 



ters of the 15*^ and 27'? of March,— ;V>»'' of April, and 
4** of May last. 

Yon iipp«»ar to have sliowa a |jroi>er AiU-nLion to 
your Duty, as well in publishing tlie C>rder of His Ma- 
jesty in Council, inclosed in my Letter N? 28, as in 
the Steps you took to give Efficac}' and Dispatch to 
the Plan for recruiting His Majesty's Forces. 

The Board of Ti-ade has. in consequence of your No- 
tincation of the Death of M^ Smith, recommended M' 
Lawrence' to supply the Vacancy. 



> JohD L«wTQnc« was a practiinont lawyer of Burliiurtoii for many yean. He 

was a grantlaoD at EUfha Lawreuco, nue of ibi> tfarlie^^t M'tilun of MmunouUi ooiin- 
ty. who marikHl Lucy BtoDt. iidJ died ot Ctacstntit Onn-p, UpiwT FrpcboliL Maa- 
moutl) cuiuiL> . Mil) BT. I'm!. Tiw latu-r'a son. ElliiUa Lowrvnce. marrif-d l£UiatN*ttl' 
daui;ht4*r of I>r. Jobn OroTkii. and had children: John; Annr, who became Ihr 
tlilrtl wlff of Reynold KfMjn, of Phlladrlphla. and dknl Ati;?iut 1. 1»«. in her aer- 
«iity-!vcotid yoar; £UizitlM*Ui, who mar^lt^a Dr. Jamo« Nowell, of Upper Fivehold, 
nod died February 23, ITOl.aeed riity yf«r9.-/Vnn. HUt. Jfap-.V. W-8; DriVifir't 
Hint, ytfitir.itt* in A'eiir Jt^Mrjf, iH} . Tltcrt* won a Jobo Lawnoce. Benior, of MuD' 
mouth fdunty (th*> Surveyor, who ran ihu " Lowr^-ott* LId»* " hetwerti Ea«t and 
West Jer»eyi. and hi^ son, Juhn Lawrence. Junior, arie>rwardii a pbyBldAO, bfridM 
OBo or more of the ttanus name, of the Quaker family of l^wrcncee, ai Bunl*^- 
town. Henoe thi-> UurtinKt'tn lawyLT wiw nfU'ii xpoken of as John Brown Law- 
renca, after hti maUrmai Krondfatlier. lo dlMlniruiB)i him frMn the atrveral other 
Jobn Lawrpucuti, There woe a John Lawrenre oilmiUtMl to the New Jt^rofy Bar la 
VUy, 1747, and anotlier at ibn November Term. iTtO.— V'room't S^tp. Ct. RuleM, ». 
One of the.MQ wait undoubtedly the Durllnfrton lawyer; the other may have Ixwn 
au attorney whn imdeit at Bainlrntown, l7t>i '. — Hist. BHtltniitun and i/nrrr 
Counties, 400, It woadaubtte&t the Burlington lawyer who wa« lic^uHcd aaaBer- 
gvant-at-Law In l7Tl.~Vroom'» finp. Ct RuI^m. 54. John lAwrrnct? wan eiw-tud W 
repretieut Burlln^on ununty in Ihi- AxM^uddy of ITOT. .Ui'/tu/or. It i« not likrly 
that it waa the AMwrnhlyroan who wa^t one of the Cowialtu>o of L^wyen Ui prv- 
Ment cluuveK aKninst exKhi-ritTniid Amenililj-inaii Hauiuid Tucker. In I7T9. aa relatv^l 
by Judge Field. - Pmvincial dvurtg, 17U. Mr. Lawnrnoc won Mayor of Biirllnston iD 
ITBO.— //I'J/*"* CAiirtA m HurhnQtun. *». Wh-;n C'ol. I>o«op appniaohMl Burlintctou 
with bin HaMianit, D(M:MnlH*r 11, IT'd, Mr. LAwruiiee, \viLii the Her. Junothati U«leU. 
h\. II., Rector of Bt. llary's Cburcb, luul two or thrve other of the priDclital citUumi, 
went oat Ui meet the Iructp*). and to iDU>tred<> wich t'ol. Donop to prutfWt the town 
fruiu plllo^ by hlft aoldlera. To iIiIh Uie (Vilonel Krart' •tud.r a£ree<l. and h« and 
Honie of liln nflleiTM dineil with Mr t^wrcnt'r. Tlte American irunlpuatk lyhiK bi Ute 
river llrt'd upon Itie tu«n to drivu the llfvialans out, oumpelllny Liielr retreat U> 
Bordt-nUiwn, whither Mr. I.iiwr^i(ee. ttv. Odvll and oUierH were uh11i;ed to acccoi- 
pouy them, In unler to uvuld nrre«t hy the AmerJcong for harihirini; the enemy.— 
ilttU, UI NUpra. SIfs J'ht HtnithM o/ UuTtinylon, 170. Ur. Uiwrfure NUliMft|uubUy 
retumetl to Burlington. Ou .March U). 1777. he wa* ■■de»lrc«I" by the (ioremor and 
Couuctl nf Hafely Ut "attend" them at Bordenlown lie did no on Aprfl d, wheu b» 
waa examined, but it i« not Biated liuit anythlu^ came of tlda — JUinii^ex (Stuneit of 
Sa/riy, 1777, It, 13. He wan for many years a leadlnf; member and oAoer ot St. 
Uary a Churvh in Burllngtuu, bin name apiiearintr repeatedly 1» the tdiurcb rvctirda 
from ITU to l7uS-i/WZ«,;!W.aoa,aM,IMl. lie WON alw> one of the Ornt TmatvMof 



1771 I AbMINISTRATION OF nOV£UVOK FHANKLIN. 303 

V 1 was concerned to find by your letter of the 3it^ of 
April that you had been disappointed in your Expec- 
tations that tlie Assembly would make Provision for 
supplyinK the King s Troops with the necessaries re- 
quii-ed by Act of Failiameut, and that the Arguments 
which you very pioperly urged to induce them to a 
Cumphance, had an Effect so contrary to your Wishes. 
The King however approves of your Resolution to 
pereeveiv in your Demand, and I shall be veiy glad to 
hear that it has lieen attended with the Success you 
say you have reasou to hope for. 

lnck>sed I setid you two Orders of His Majesty iu 
Council on the 7"' instant, disallowing two Laws 
passed in New Jei-sey, the One in Nov^: ITtil*. tlie Other 
in MaiTh 1770, and that you may know the Ueasous 
which have induced such Disallowance, 1 send you in- 
closed, for your nwn Information, Copies f)f the Rep- 
resentations of the Board of Trade uiH>n the wiid 

Laws. 

I am &c? 

b HlLLSBUUOUGH 



Burlloston Academy. rounJe<l Iu VtVI.—ih.. fttCMf. 3b&-»-i4. He probablf died In 
1796. at Rurlfnrton. Hb; wlfr wnv Miirtlm. ThoT liad chliriren: I, John, llccnstyJ 
M an Attorney In 17&D, anil irt^ttltHl at Wuo«lbuj-y, NVw Jftiiey, where he enjoyed a 
huvi> fuucUce. uid wlu-re hedied. - I'nmm'M Sup. Cl. ftnteM, flA; Alden^a ICpitnphs, 
No. 5ftl; //ikI. (iltntcriitvT, Salrm and Cuniherlaiifl Cuvutiea, ISl ; lUicklr'a (ilinif*M- 
trr. fld ed., 7). 9, Jociee. bom at Uurliiurtun. 0<.-tobt<r 1, iTSl: baptlju^l In St. Muiy'H 
Cliutvb. Ntivi-mtM'r H, Iffll; studied Iiiw i;^*l-<J with hi« bn it her Jul in M WiKxtlwrry. 
In detorenue to ]iL<4 father'*. d»?!iliv. and i>ti llit> tattir'.t dnoeaflf entered the narj' ill 
17W. wbinlDK in bbi chosen hjiIiimv an ImifirUliahle renown as uiw> of the most k>I- 
lajlt of naval hemt^. t*veii IhuUi^h cut oIT at tho oarly utt<' of ^iii bisdi-aHtniUH 
flrbt with the CA«(U7M'aJc«- aRainxt th« Britlidi frtgnlc Shannon.— Mirilr.'i: Hiat. 
CvUectivttM of 3Vpw Jrriteu, tfl; Aidm, .V3; HUh, 310. H. A daU£bt<.T vf Jnlui Br(»WQ 
Lawnt'&ce married Mlebat-l Keaniy laon of Philip Kearny, an emiueiii Penb Atii- 
lw»y l^AViyvr. by bis wife Isnbptln, dnuKhtfr of Chi*'f JuBticp Robert. I^Uk Hiio|ht. 
ot TmntoD K— ^yhitehfad''» J'f rth Ainlnjj/.yi. This m(.-Ai:^iv sketch has btn'u t^vt^u 
with a virw to distfajpiialilnff bt* tu'*'<*n th<* Duiur-rou(< Jobu Lawrt* iicfK who Atnirt- hi 
the annalKof Nt-w JeniHy, 1775-88, tn the gtvat lH.'wlldi;niifUt of tlie ^liiik'nt of tJiat 
period in ibv lUhtory of tbe 8lat«. Upon tbv rupivat^ntaUon of iSw Bcxutl of Trade, 
June -JT. im. Mr. Lawrvuco was appotntod hv ordi-r of the Kinjc in 0>tifw;il July IU, 
tTTl. to be of the ('iiuiicll of Npw Jenw>y. -JV. J. Analyfiral Index. -IM-S. Hr «at 
with that body unUt lu dlMolutfou in Noveubvr, i7T^,'JftNH(R«. (W N.| 



304 



ADUlXIBtRATION 6F OOVERMOK PRANKUN. [\17\ 



Letter frorn the Earl of HiUahoromjh to Qov. Frank- 
liiu retative to the vomptaint of Mr, Iltitton, aittl 
to the obstinacif of tlw Assembfy in stitf refusing 
toprfmidefor the. necessitie^'i of the Kiitffs troajis. 

IFrom p. R. O. Anwricft ud West iMltes. Vol. 170 tlMi.] 



WUITKH ALL July ID*" 1771. 



Gov'' Franklin, 



I have i*eceived and laid before the King Your dis- 
patches N?30. & 31. 

Tht? Examination at the Oouncil Board mto the 
complaint exhihiU'd by M^ Hattoa apjx^ars to ine to 
have been conducted with gi-eat Attention and Impar- 
tiality, and tht* iialtisi^d Extract of M' Pownall's letter 
to M' Kobiiisun of this day's date will inform you of 
the Communication I have made to the Treasur>' 
Board of th*^ MinutoH of that Council, and of the other 
Papere inclosed in your dispatch N? 30. 

The Obstinacy of the Assembly, in persisting in 
their Refusal to provide the King's TnH)ps with the 
Necessaries required by Act of Parliament, is matter 
of vei-y serious Cousideration; and their Conduct on 
this Occasion is the more reprehensible as it appeal's 
evidently fi-om your Representation of the State of 
the Colony, and of its Finances, that there is not the 
least Colour for the Pretence on which they ground 
their Refusal. 

The Asserting therefore that the Colony is not of 
AbiUty to make any further Provision, is adding 
Mockery t^) Insult, and tlieir refusal <^s.i\ be considertMl 
in no otljer light than that of a wiifull Contempt for 
the Authority of Parliament; You will doubtless 




ADMINISTKATION OP flOVERNOB PKANKLIN. 



therefore, at their next Meeting, renew your Endeav- 
ours to iHirsuatle them to recede from so unjustifiable 
a Disohethence to the Terms of the Mutiny Act, and 
should you not succeed, it vviD be my Duty to advise 
with the rest of The King's Servants upon the Meas- 
ures it may be proper to pursue. 

The King approves of your Determination not to 
ilissolve the Assembly u|>ou this Occasion, & of your 
proroguing them in the manner you mention, in order 
to give them time for due Consideration of tbeii* Cou- 
ducl, which will I hoi>e induce them t^) correct it. 

I am &c* 

HiLi-sBououan 





Letter fntin Mr. Pownall to John Robirt.Hon, reUttixTeto 
the Complaint of Mr. Haltvn^ Collector of the 
Customs at Salem, 

iTrora P R. O. Anieriun and Wt^ ludius. Vol. tST <97S).) 

WHITKHALL.July ll»*'' 1771 

John Rolnnson Esq"* 

iSf/r, 

I am directed by the JCarl of Hillsborougli to trans- 
mit to you tlie incktscil pa|>ers by which the Lords 
Comniissioners of His Majesty's Ti-easury will be in- 
formed of the steps his Lordship has thought fit to 
take in consequence of your Letter to me of tlie K^H' 
instant so far as the pa|»erB transmitted therewith re- 
late to the case of the Naval Ofticei- t>f Rhode Island 
& the Complaints made by the Officers of the Customs 
of the Ill-treatment and Obstniction they have met 
with m that Colony and at Philadelphia. 

With regard to the Complaint made by MT Hatton 
Collector of the Customs at Salem in New Jersey his 
20 




30C ADMrNISTRATION OP nOVKRXOR FBAXKUK. [1771 

Lordship has not thought fit to take any Step there- 
upon, the whole of the Transaction of which M^ Hat- 
ton complains, appearing to his Lordship by papers 
which have been received from the Governor of that 
Colony, & Copies of which I inclose, in a very differ- 
ent Light from that in which it is stated in the papers 
incloswl in your Letter to me. 

Lord Hillsborough however desires you will assure 
the LoitIs Coniniiflsionei-s of the Treasury that if they 
ai'e not satisfied with the Result of the Examination 
at the Council Board of New Jersey into the Com- 
plaint exhibited by M"^ Hatton against the Justices of 
the Peace, and with the Repi^sentation of this Matter 
in Govei-nor Franklin's Letter to the Commissionors 
of the Customs at Boston of the 10*?" of April, & in the 
Attorney (TeneraFs Letter (»f the 23^ of February last, 
both which ai'e very matenal, his Loi-dship wiD most 
readily concur with them in any further Measure they 
may ret-ommend as necessary for enabling M' Hatton 
to exuLiite his Office. 

I am ife? 

POWKALL 



Letter from Governor PranlcUn to the Earl of TJ ills- 
tmrongh, relnthv to n dispute ftetween tite Oowr- 
nor and tfie Assembfy, on tite resignation of a 
member of tJie Hoiute {Mr. Ogden). 

[Ttom p. a O, America aad Wvet Indies. Vol. in (1M^) 

BuKUNOTON, July aoM" 1771 
My Lord, 

Since my last I have been honoured with your Lord- 
ships Letter of the 4'^. of May (N? 30). — It gives me 
Pleasure to find that His Majesty has been pleased to 
appmve of MrCoxefor supplying one of the Vacan- 
cies in the Council of this Province, and I shall be 



ADMINISTRATION OP GOVRRKOR FRAXKUN. 



307 



hear that M- Lawrence is appointed to ftll 
the. other. 

Inclosed I send your Tjoi-dship a i)rinte(l Copy of the 
Votes & Proceedings of the Assembly during the two 
last Meetings at Burlington. They contain nothing 
particular (bt^sides the Messages 1 before transmitted 
^relative to the Assembly's Refusal to gi-ant Money for 
ffbe Supply of the Troops) except three Messages which 
pass'd lietween us on the Subject of a Member having 
resign'd his Seat in the House on Account of his hav- 
ing become insolvent.' The House accept.ed his Resig- 
nation, and ordered their Speaker to issue his Wan-ant 
^TO the Clerk of the Crown, to make out a Writ foi' a 
new Election which the Clerk accordingly did. and 
appiyM to me to have th« Great Seal affixed to it as 
usual. But, a<! I had some Doubts of the Legality of 
such a Resignation, I consulted the Council ujion it, 
H^o were of Opinion with me that it was by no means 
Tiegular or lujnstitutional. It apjjeai-s to me, indeed, 
that if it wag once admitted that the Assembly have 
an uncontroulable Right to permit the Members to re- 
sign whenever they tbink ])n)per, it would be nearly 
^he same Thing as allowing them the Power of dissolv- 
ing themselves; as a Di&solution might by such Means 
he hrougbt about at any Time wlien the House should 
^mcliue to have one, though against the Inclination of 
Hne Gf>vernor. The Law (»f thi^ Province which dii-ects 
the Qnahfications of Members, and gives the House a 
Right to judge of their Quahfications, is similar to that 
in England. I apprehend that when the Person elected 
is judged to be duely (|ualifi*.Hl and admitted to Uike 
^is Scat, it cannot he vacated merely on Account of 
His afterwards becoming a Banknipt or Insolvent; 
^■id« if I mistake not, thei-e ai-e more than one who 

> See Oovenior'i rnuiklln'i lettT of April Sth, 177&: nlm tbr ItHUr of tlie K«rl of 
of Aacim TUi, ITTJ. 




308 



ADMINISTRATION OF GOVERNOB PHANKLIN. [1771 



hold theii* Seats in the present House of Commons 
tho' they have long since become Banknjpts, and con- 
sequently not f»osst^ssVl of the Qnaliiications required 
by Law to entitle them to be elected. But the Anseni- 
hly contend that in such a Case, if a Member does not 
resign, tliat they have the Right to expel him, a*^ being 
the sole Judges of the Qualifications of the Menibei-s. 
There are Instances of Resignations being admitted, 
where it has been clearly proved that a Member was 
aljsolutely disabletl by Bodily Infirmities from attend- 
ing his Duty in Parliament, but not otherwise that I 
can find; and I imagine if Resignations in other Cases 
could be accepted by the House of Commons, it would 
not be so much the Practice as it is for Members to 
accept of Places under the Crown, for the Purpose 
only of vacating their Seats. However, as it ap|>ears 
to me to be a Matter which nearly concems the Pre- 
rogative, I have refused to seal the Writ for a new 
Election until I can obtain further Light on the Sub- 
ject, or receive His Majesty's Directions for my Con- 
duct. I beg leave to refer your Lordship for the Par- 
ticulars of what pass'd between me & the Assembly 
on this Heafl to Pages U, 21, 2:3, 23, & :^4 of the Votes 
& Proceedings sent herewith. 
I have the Honour to l>e, with the greatest Respeot, 
My Lord, Your Loitlahips most obedient & 

most humble Servant 
W^ Frankijn 

P. S. I have received from M^ Pownall Ten printed 
CopieH (jf the Account of the Process used in Sweilen 
in tbe Manufacture of Pitch and Tar, which I shall not 
fail to distribute in such Manner as may l)e most hkely 
to answer the good Purposes mtended — W. F. 



ADMINISTRATION OP OOVERNOK FRANKLIN. 



309 



Address of a CommiUte of the Cleryy of the Church 
^^ of England in New York and New Jersey, to Sec- 
^V retary Hillsboronf/h, relative to the distressed 
^^ state of the Church in those parts, through the 
^H want of Bishops. 

^^^^h [From P. R. O. A.merica aud WMt (ndiefl, VuL SSfi (176).] 

^^H New York Oct^ it^'" 



To the Honorable the Earl of Hillsborough 



May it please your Ijordshipy 

We, his Majesty's dutiful, loyal and affectionate 
Subjects, the Clergy of the Church of England in the 
Colonies of New York and New Jersey, beg Ijoavo to 
address your Lordsbip in Behalf of our distressed 
Church in this Part of the World, which, through the 
want of Bishops, labours under many Difficulties and 
Hardships. 

The Case of our Chui'ch in the Colonies, may it 
please your Lordship, is peculiarly hard. It exists 
only in a maimed, imperfect State, being destitute of 
the highest Oixler of its Clergy; whilst all other relig- 
ious Denominations fully enjoy their i^espective Forms 
of Church Government. Even the MoraWans and 
Roman CathoUcs have their Bishops; the various Sects 
of Dissenters completely exercise the Discipline, and 
possess the Privileges, of their several Systems. The 
national Church only, which is an essential Part of 
the Constitution, is excepted from this general Indul- 
gence, and is denied the Privileges that an? granted to 
others. This mortifying Distinction marks thera out 
as the only Sufferers in this way. 



310 



ADMIXlSTaATlOK OP OOVEKNOR FRA_NKLIN. 



We can have no Ordination, but at a heavy Ex- 
pence; and tlie Hazard to Candidates for the Ministry, 
and the Time lost, in crossing an Ocean 3oii(t Miles in 
Bi-eadth, are very considerahle. The Exi>en('t^ nnmunts, 
at a moderate Computation, to £loo sterling to each 
Candidate: and tlie Riscjue may l>e estimated from this 
Circumstance — that, accoi-ding to an exact Account 
taken in 17*J7, out of Fifty-Two Persons, who had 
gone homo for holy Ordei*s from these Northern Colo- 
nies, Ten had perished, either in the Voyage, or by 
Sickness which it occiisiouod. We are deprived of 
that regular Discipline over the Clergy, which is nee- 
essfiry to the Welfare and I^i-osperity of every Church; 
and of the apostolic Ordinance of Confirmation, which 
we esteem to be highly beneficial. 

These Grievances are very givat, besides their bt.'ing 
peculiar to us; and become daily more obvious, and 
more sensibly felt. Under these Circuiustiiuces, es- 
teeming it to he a Duty we owe to God, to his Church, 
and to the Stati\ to use eveiy justifiable Method in our 
Power to have them removed: We have by this Con- 
veyance humbly supplicate<i the Throne, ;uid laid our 
Case before his Majesty. 

From his paternal Goodness we entertain the most 
sanguine Hopes of Redreas; and that he will gra- 
ciously interpose his royal Authority and Power, for 
the Removal of tht^se Hardships from near a Million 
of his loyal Subjects Ixdonging to the Church of Elng- 
land in these ParUs. by appointing one or moiv Bish- 
ops for America. We also mast earnestly request 
your liordship's Countenance and Assistance in pro- 
moting this Measure, which is dictated by every Mo- 
tive of good Pcdicy, as well as Piety, The Relation in 
which your Lordship stands to the Colonies, points 
You out i\s the properest Pei*son, next to our gracious 
Sovereign, to whom we should prefer our Complaint 



w 




771] ADMINI8TBAT10N OF GOVBR»OB FHANKtIN. 



and Request, And it is a pleasing Circumstance, that 
our Duty, on this occasion, should coincide with our 
Inclination, to address a Nobleman, wliose many 
amiable Qualities, and whose Zeal in the Service of the 
best of Kings, as well as his warm Attachment to the 
Constitution, we cannot but look upon as very favor- 
able to an Application of this Nature. 
I The only Plan on which an Episcopate is requested, 
as the Pubhc has been often assured, is. that Bishops 
may be sent to the Colonies with purely ecclesiastical 
Powers, without any tempoml Authority, and with- 
out any Jurisdiction over the Dissenters of any De- 
nomination. From hence it is evident that we only 
desire an Exemption from the peculiai* Hardships we 
have hitherto suffeied, and to be placed on an Equal- 
ity with other religious Denominations. We wish 
not to interfere with the Rights ov Privileges of othei-s, 
or to abridge that ample Toleration they already en- 
joy. With this DisiK>sition w^e conceive it to be no 
more than i'eaHonal>le, that we should be indulged 
with the same rehgious Privileges which are granted 
to tliem; es^Kxially considering our Relation to the 
national Elstablishnioat. Yet notwith.standing the 
Equity of our Claim, it has met with Opposition from 
a certain Quarter. Obje(;tions against it have been 
publickly offered; but these have been minutely dis- 
CUSHed, and refuted to the entire Satisfaction of the 
impartial.' And we submit it to your Lordship's Wis- 
dom, whether, even waving the Justice of oiu* Cause, 



' Tbe Rer, Dr. OhftDfller, of RUnbethtcwn. New Jereey. whtw name Is arpcndr^ 
to thlK siidnms, wus hy his brutlii'r ckTfrynii'U (:(.m<ttituUnl ttit.* I'liauiiiloii of an 
American EpLscotNite, and published volumiiioiu wnrk* on tbe subjecr Id ITOT, 17V9 
and 177D. The Rev. Dr. C'bArles Chancy, of Boatoo, was perha)>s liLs ablntt 
aotaconlfit. Tlie Uttratiire of tlit* subj'.'ct is fxceadingljr ample. At the dose of 
the war Pr. rhan'llrr wiu Bpp<)>lnt<'(l Bishop of Nova Scotia, hut felt constrained to 
drcUn» on account of tUa bealth. au<l t)ie Rev. (TharliM InfcUs. at one Uinu Rector of 
IVInit/ Ctaarcb, New York, waa appolntod.— fW. N. j 



313 ADMIXIBTKATION OP OOVEBNOB FKANKUN. [1771 

the Church in Ainerica should l>e sacrificed to the Per- 
versenesa and imi-oasonable Clamours of its Adver- 
sant»s. 

The Members of the national Chui-ch ai*e, from 
Principle and Inclination, fii inly attached to the Con- 
stitution. From them it must ever derive its sui-est 
Support. We need not enter into a foimal Proof of 
this, as the Reasons are sufficiently obvious. Omit 
ing all other Arguments, that might be adduced, let 
past Experience decide. Independency in Religion 
will naturally produce Republicans in the State; and 
from their Principles, too prevalent already, the great- 
est Evils may justly be appivhende<l. The Cbuich 
must inevitably d<^creaso in the Colonies, if Bishops 
are not sent to relieve its Necessities; and the Dissent- 
ers will in Time gain an intire Ascendancy. How far 
it may be consistent with good Policy and the Safety 
of the State to permit this, we are willing that your 
Lordship should determine. 

We would not trespass to*j far on your Lonisbip's 
Time, and therefore beg Ijeave to refer You for 
farther Intelligence to the Bearer, om- worthy Brother 
the Iteverend Dr Cooper, President of King's College* 
in the City of Now- York. He has an extensive Ac- 
quaintance with the Affairs of our C'liurcli in Amer- 
ica, and in liiin we reiM)se an intire Coutidence. 

We shaU only add, that weiv the Measure we now' 
earnestly petition for carri»,»<l into Execution through 
your Lordships Interposition, it would reflect fKH'uliar 
Lustre on your Administration, aud insui*e the gratt^ 
ful Applause of Millions, to the latest Posterity. With 
Sincere Pi*ayei*s for your Lordship's long Life and 
Happineas, and that all your Endoavoi-s to promote 
the Honour of our Sovereign, and the Prosperity of 



' Now Columbia C<41f«v. 



1771] A.DNINI3TIIATI0N OF GOVEBNOB FRANKLIN. 



313 



his Subjects, may be abundantly rewarded, we have 
the Houour to siibarribe ouiselves, 

May it please your Lordship, 
Your Lonlsliip's nmst ivspectfiil 
and ohedicnt Stu'vants, 
Signed by Onler of the Clergy. 
Samukl Auchmutv, I). D. 
Thomas B. Chandler, D. D. 
John Ogilvte, D. D, 
Charles Lvaus, A. M. 



The Committee. 



Letkrfrmn Qovernor Franklin to the Earl of Hills- 
bornngh, relative chiefiy to Mr. Hnlton and his 
complaint. 

iFrom P. R O. AmfTicaao-l W.-stlmllM. Vol. t7IJ<llM>.l 

BURLLNGTON Octf 21^*' 1771 

Rt Hon''."^ the Earl of Hillsbomu^^li 

3/// Lord, 

I have bad the Honinir t») receive your Lordship's 
DisiKitches N*i 31, & 32. 

It gives rae gi-eat Pleasure t-o find that the Steps I 
took to give Efficacy and Dispatch to the Plan for re- 
cruiting His Majesty's Forces, has appeared in so 
favourable a Light to your Lordship. 

M- Lawrence desires me to make his Acknowledg- 
ments to your Loi*dship and the Board of Trade, for 
the Favour done him in i-econimending liim for the 
Vacancy in the Council oc-Ciisioned by the Deatii of M! 
Smith. . 

I am very happy that my Endeavours to prevail on 
the Assembly to provide the King's Troops with the 
usual Kecessaries have met with His Majesty's Appro- 



314 



ADMINiaTRATION OP OOVEKNOK FRAKKLIN. 



[1771 



bation. I have called another Meeting of the Legisla- 
ture to be held here on the 20'?* of November, when I 
shall not fail to renew my Endeavours to persuade the 
Assembly to a Compliance with the Terms of the 
Mutiny Act. 

It is with groat Concern I obtjerve that the Commis- 
sioners of the Customs at Boston liave ti'ansmitted to 
the Ti"easury Board the Complaint exlubitetl by Hat- 
ton, a Man whom they knew, from Documents in 
their own liands» to have before acted as a Vill lin in 
his Office. The lieiK)!! of their In8]>ector General (a 
Copy of which I sent your Lordship) is alone a suffi- 
cient Proof of Hatton's Villainy; hut I am also credi- 
bly informed that another (xentleman, who was sent 
by the Commissioners as Inspector of the Customs 
into this and some of the neighbouring Colonies soon 
after Hattons last Complaint, has openly doclared that 
he found he had been guilty of many undue Practices, 
and was every way unfit to be a Collector of His Maj- 
esty's Customs. It is, however, with Pleusure I ob- 
sei've that your Lordship approves of the Conduct of 
the Council Board in the Examination into his Com- 
plaint and that you liave caused so full and candid a 
Communication of it to be made to the Treasury 
Boa I'd. 

The two 0i*der8 of His Majesty in (.'ouncil on the 7'^ 
of June, disallowing two Laws passed in New Jersey, 
were duely pul»lishe<i immmhately after I received 
them. 

I have tlie Honour to be* with the greatest Respect, 
My Lord, Your Lordship's most obedient, 

& m<.>st humble Servant 



1771J ADMINISTKATION OF OOVEHNOR PRAMKLIN, 315 



IFniu P. R. O. B. T . New Jersey, Vol. 10. L 4-i.| 



Letter from Govtnior Fraukliu. to (he Lords of Tnidi% 

tin ansiver to a letter of their Lord^hipSy relative 
to (wo Actii pnqxtsed fo he repealed^ the evu.ssiona 
of Paper B///s, and the appointment of an Ayent, 
BURMNOTON Octr 21" 17TI 
My Lords, 

I am hon(Mire<l with your T^jrdsliips Letter of the 
2r* of June. 

The two Acts of Assemhly, which your Loi-dships 
Tnentioo as proposed to be repealed, I had some Doubts 
coucorninj? the Piopiiety of at the Time of Passing, 
and tlierefoi-e refused to give my Assent to tliem 
before Clauses were added to suspend their taking 
Effect imtil His Majesty's Assent was obtained. 

As to that Part of the Act for the Support of Gov- 
ernment whifh appears to your Lordships to re<]uire 
ExplanatiDH, it is necessary that T shoulfl inform yon, 
that although the last Act directed the Salaries to l>e 
*' paid out of such Money made c'un*ent for His Majes- 
*'ty\s Service in the late War. that now is in the 
*'Tivasury/* yet in fact there was not at the Time any 
of that particular Money remaining in the Treasury, 
the wliolc having Ik^cii paid out before, either to the 
Commissionei-s apfjointed duHng tlie War to pay and 
[cloath the New Jersey Troops, oi* for the Suppoil of 
iGovemment. The Money, however, in the Treasury 
owed its being there t^) th(* Money made curivnt for 
His Majesty's Service dnmigthe War, and may in some 
Respects he considered in the same Light tho* it is not 
specifically the same. It is the Amount of the several 
Ballances which were duo from the Connuissioners to 



316 



ADMINISTttATION OP OOVEHNOR FRANKLIN. [1771 



the Proviiia\ after paying & cloathiug the Troops and 
selling of the Military Stores, &c. remaining on Hand 
at the Conclusion of the War. These Ballances were 
not paid into the Treasury in New- Jersey Money, but 
chiefly m Grold and Silver and such Paper Money of 
the neighbouring Colonies as had obtained a Currency 
heit3. The Law therefore would have been better had 
it directed the Salaries to be " paid out of such Money 
** granted (instead of made current) for His Majesty's 
" Service in the lat« War, that now is in the Treas- 
'*ui'y;" for the Sum there nuist l)e considered as 
Part of what was granted, remaimng unexpended, 
and tho' not the identical Money that was made 
current yet the adequate Representative of it. But 
the Assembly, it seems, without attending to this 
Difference, adopt^^d the Words used in the former Act 
wlien there was Paper Bills actmxlly in the Treasury 
of different Emissions. There is, however, no Doubt 
when the Matter is explained to them, that they will 
readily make the necessary Alteration in the next 
Support Bill. 

Your Lordships may l>e assured that there has not 
been any Atteuipt of tho Legislature here, to give a 
further Currency to our pi*esent Paper Credit, than 
what the Act of Parliament allows. Yet it is proper 
that you should be infonn'd, that altho- the Quimtity 
of Paper Money i-equii-ed by Law to be sunk in eacli 
Year is upon the whole regularly called in and de- 
stroyed, yet it often hapiKMW tliat tliere is but little 
among it of the particular Emission which ought to 
be sunk at that Time. So that Bills emitted in the 
year 1701 (for Instance) which by Law might 1)0 all 
current until 1774, when a Part is directed to l>e Ciilled 
in, may be all sunk before that Period commences, 
and other Bills of a former Emission, which ought to 
have been akeady sunk, may contume in Cireulatiou 
until the Year 1783, the last Period allowed by Law 



AOMINTStKATION OP nOVERNOH PRANKLIS. 



317 



for the Existence of Paper Currency in this Province. 
By tills your Lordships will i>erceive that the whole 
Sum of Paper Money stmck at different Times dunng 
the War is considei*ed in the Light of one Emission, 
and the Quantity required by Law to be annually sunk 
out of particular Emissions is sunk out of any Emis- 
sion which happens to be paid into the Treasury. This 
Practice took its Rise from Necessity, the New Jei-sey 
Currency having such an extensive C^irculation through 
the Neighbouring Provinces, that the Ti^asurers have 
never had it in their-Power to collect a sufficient Quan- 
tity of the particular Emission directed to be sunk in 
any one Year. The Lett^^r of the Law to l>e sm-e is 

knot strictly adhered to on this Occasion, nor can it be, 
yet the Spirit of it is fully coraplyed with, as no greater 
Sum of Paper Bills in the whole is ever suffered to 
continue in Circulation than wliat the Law allows. 

II shall not fail to ]>ay due Attention to that Pai-t of 
your Lordships Letter which res^K-cts the Ap])ointment 
of an Agent, when the next Support Bill comes luider 
Consideration; but I must confess 1 have very little 
Hopes of their receiliug from a Claim wliich I under- 
stand has been long acquiesced witli in this Province 
[as well as in most other of His Majesty's Colonies in 
iorth America. 
I have the Honour to be %vith great Respect, 
My Lords, Your Lordships 

most obedient humble Servant 
W" Fkanklin 



31S ADMINISTRATION «F OOrRRNOH FUANKUN. fi77I 



Letter from the Earl of Hillsbormiyh to Gov. Frank- 
liUy approving of his position in the dispute unth 
the Assembly touching the resiy nation of a vtem- 
ber, 

(From P. R. O. America awl Wejtt Uidivn, Vol. 178 (IM).] 

WFirrflnALL 4^!* Deer 1771 

Governor Franklin 

Sir, 

Since M' Pownairs letter of the 17*!' September, your 
Dispatches N? 33 & 34, have been received and laid be- 
fore the King 

Your refusiil to seal the Writ for a new Election for 
the County of Essex, on the ground upon which the 
Speaker thought fit to issue it, until His Majesty's 
Pleasuif should be known, is appn)ved by the King. 
It is as you justly observe a matter which nearly con- 
cerns the Prerogative, and the aT^^unients on one side 
and the other must be fully considored in the different 
DeiKirtments of Government, before I can send you 
any lustruetions upon it. 

I am sorry for the indisposition you corai>lain of in 
your Dispatch N? 34, which I hope has not proved of 
any long continuance. 

I am &C-* 

HiLT-SBOROUOH. 



AHMIXISTRATIOK OF GOVEENOR FRANKLIN. 



311> 



•from Mr. PawnaU to lUrhard Jackson, desir- 
ing his opinion in the mttfter of the dispute be- 
tween tJie Governor of New Jersey and the Assem- 
bly , concerning the resignation of a reptr^ientative. 



IPmm p. R. {I . R T,. New Jerary. Vol. IT. 



To Richard Jackson Esq'' 



Dect IS"- 1771 



Br, 

^ am directed by the Loids Commissioners for Trade 
& Plantations to transmit to you the enclosed extract 
of a Letter fi-oni the Governor of New Jersey to the 
Earl of HillslHirough, and Minutes of the Assembly of 

H^at Colony therein referred to relative to a dispute 
with the said Assembly conceniing their Claim of a 
right for a new Election for tlie County of Essex on 
the resignation by the Repi*esontative for the said 
County of his Seat in the Assembly on account of In- 
solvency; and to desire you would take the said Pm>ers 
into your consideration, and report to their Lordships 
your Opinion, na to the legality of the Claim set up by 
^the said Assembly. 

I am Sir, Your most Obedient 

humble Servant, 
John Pownall. 



320 



ADMINISTRATION OP aoVEBNOR PRANKUN. 



Letter from Gov, Franklin to the JjOrds of Trade^ 
acqnaintimi tlieir LortLthips with the appointmettt 
of (171 Agent for that Proimicti by the concurrence 
of the Ijegi slat tire. 

iFrom F. R. O. B. T., N«w Jener. ^oL 10, L. U.) 

BtTRUNGTON Dec^ 2fl**' I7T1 
My Lord^, 

In my Letter of the 24*^" of October, I acquainted 
your Lonls]iii»s» that T had very little Hoiws tliat the 
Assembly would recede from their Claim of the sole 
Right of appointing an Agent for the Colony. Since 
which tliere has been a Session held here, when, after 
a good deal of Persuasion, and many Arguments 
urged to them, in a private Way, they consented to 
omit those Words in the Support Bill which seemM 
meant to entablish their Claim, and to which your 
LiOi*dships objected.— The Agent is accordingly now 
appointed by a Vote of the Council in their Legislative 
Capacity, and by a Vote of the Assembly to which I 
have given ray Concurrence in a Privy Council, and 
his Salary is provided for by a joint Act of the whole 
Legislatuit.^ of the Colony. 

I have the Honour to be, with great Respect, & Re- 
gard 

My Loi-ds, Your Lonlships most obedient, 

*St most humble Servant 
W" Fkankun. 



ADMlKtSTRATION OP OOVERKOK FEANKLIN. 



331 



'iter from Ooveruor Pranklln to the. Earl of Hills- 
borough^ informing him that the Assembly had 
consented to provide for the arrears dtie to the 
troops^ and that th^ debt of the. Colony incurred 
during the late war would he paid, 

[From P. R, O. Anit^rica and Wwt Indies, Vol. ITU (IMVl 

BuRUNOTON DecT 27*^ 1771 

The Rt. Hon^'« the Earl of Hillsborough. 

My Lord 

I informed your Lordship -la my Dispatch No. 35, 
that I had called another Meeting of the Le^slatui-e, 
aud siionld not fail to renew my Endeavours to pt?r- 
Huade the Assembly to a Compliance with the Terms 
of the Mutiny Act. I have now the Pleasure to ac- 
quaint your Loi-dship that my Endejivours have been 
attended with Success, and that the Assembly have at 
length granted a Sum of Money to diw^harge the Ar- 
rears due for the Support of the Troops. Two Ai-ti- 
cles of the Genemrs Account tlwy have indeed dis^il- 
lowed, as you will see by the enclosed Copy of their 
Messa^^^; but they have allowed all that has been 
asual, or is i-equired by the Mutiny Act, and I have 
lo Doubt but they will, at their next Session, dis- 
'charge any further Arreai-s which may be due for the 
Maintenance of the few sick Men left behind by the 
Regiment lately stationed here. This, however, they 
will do in Expectation that it will be the last Expence 
of the kind for which they shall be called upon for 
some Years to come. 

The Debt mentioned in theh last Message, as in- 
currwl by the (.'olony during the late W^ar, and not 
yet discharged, is about 20i),oo0£ Currency; towards 
the Payment of which they are to raise 15,{mju.£ y 
21 



^n 



AliMfNTBTRATIOM O? 6OVERNOH FRAKKLIX. [1772 



Annum until the year 1783, besides the usual Ex- 
pences for the Support of Govemmeut. They think 
the Taxes for this Pur|x>se will fall heavily on the 
People, and that they ought at least to he exempt*?*! 
from the Buiilien of supporting Troops duiing that 
Time. I promised to represent their Opinions and 
Inclinations on the 8ul)ject to His Majesty's Ministers, 
tho' I do not concurr with them in Sentiments either 
witli Res]>etrt to the Weiglit of the Taxes, or the Bur- 
then of sup]iorting Ti-oojis. The latter, I think h:is 
been of considerable Advankige to the Colony, and 
that from mere Views of Pmfit fchey should have 
desired an additional lioginicnt rather than huvei 
parted with the one stationed here. 

I made no Requisition for the Supply of the Troope] 
in my Speech at the Opening of the Session, as I was 
convinced that a great Majority of the Members were 
then dotorminotl against granting any Money for that 
Purpose, and that if they once declaitxi that liesohi- 
tion in their Address (which would'be immediately 
published & circulated through the Country) it would 
[ye hardly i>ossible to get them to recede from it. 

I therefore only i*ecommended to them the common 
Business of the Colony, and when they had proceeded 
some Weeks in that, and 1 found the (tenoi*ality of 
the Members were become interesteti in the Succ4»88 of 
some one Bill or other, T made the Application. It 
however faiVd, and there was a majority of One 
against it, owing to two of the Memhers who were for 
the Measure happening to he absent at tlie Time by 
Reason of Si<kness. Notwithstanding which I re- 
newed the Apphcation, and gave them an Intimation 
that if they did not comply I should prorogue them 
immediately. At length, after considemhlo Deliate in 
the House, and some private Conferences witli several 
of the Members, Thive of those who had l>efore voted 
on the negative, were prevailed to vote on the other 



1772] ADMiyisinATioK op oovebkoh frankun. 



323 



side of the Question, by which the Point was carried 
►y a Majority of Twelve to Seven. 

The Messages which passed between us on this Sub- 
ject ai'e encloseil, and Copies of the Minutes and Laws 
►f the Session shall ho sent to your Loitiship as soon 
as they ciin be made out. 

The Matter respecting the Appointment of an Agent, 
igiiify'd to me by the Board oE Tratle, I have likewise 
caiTied through, though a Point of great Difficulty 
with most of the Menibei's, and which many of them 
told me it was impossible 1 should succeed in. 

I have the Honour to be, with the greatest Respect, 

S[-d My Lord, Your Lordship's 
most obedient tfc most Immble Siervant 
W? Fkankjlw. 
fnmi the Earl of Hillsborough to Gommor 
Franktin — the removal of the troops from New 
Jersey leaves no cause for dtsatjreeable alterca- 
tion with the Assembly. 

rProm p. a O. America aoU Wrat Indies. Vol ITS (IOI>.) 

Whitehall JanVy H?, 1772 
Gov' Fi-anklin, 

I have T-eceivcd your dispatch N*? 89, & have laid it 
before the King. 

JJy the removal of the Troops from New Jersey there 
will be no occasion for any fiutlier demand that may 
give rise to disagreeable Altercation with the Assem- 
bly, &. the only subject of Discussion that now i-emains 
is with reganl to the Payment of the Arrears. This 
api)earsto me to be a matter that requires to be raan- 
I some Delicacy, but aa I observe that Gen- 



Jte4 ADMINISTT?ATI0N 6F GOVEBNOR FBANKUN. [1775 

eral Gage has wrote to you fully on that subject, his 
Sentiments, and your own Disci-etion, will be better 
Guides for your Conduct than any tiling I can say. 

I am «fec/ 

HlLLSBOKOUOH. 



Order of the King in Couiwih disallotving two Acta 
passed in New Jersey in October, 1770, and di- 
recting the Lords of Trade to prepare and lay be- 
fore His Majesty a draught of an additional 
instrvction to the Governors of alt His Majes- 
ty's ColouieSy restraining than from giving their 
assent to any law by which the lands^ etc., of per- 
sons who have never resided tvithin the Colony ^ 
shall be made liable io be attached for the recovery 
oj' debts due from siich persons, 

rFrom p. R. O. 8. T. FlftaUbtkms a«ii«nU. Vol. 90 iSTk. U. kO.J 

•. — •» At the Court at S'' James's the wv 
i**' J Day of January 1772. 



Present 
The King's most Excellent Majesty in Oouncil, 

Whereas there was this Day read at the Board a Re- 
port from the Ri^hi Honourable the Lords of the 
Couunittee of Council for Plantation Affaire Dated 
the 111'" of this Instant— viz^— 

'* Youi* Majesty having been pleased by your order 
'* in Council of the 27'!* of June 1771 to refer unto this 
*' Committee a Representation from the Lords Com - 
'* missiouei'8 for Trade and Plantations in the words 
'' folio winx viz^— 

** We have had under our consideration two acts 



I 



1772J ADiniaSTRATION OP OOVKBITOR FRANKLIN^. 



325 



'* passed in your Majesty^ Colony of New Jereey in 
** October 1770 intituled, 

'*A Supplementary Act to an Act intituled An Act 
** for the better enabling of Creditors to recover their 
'*just Debts from Pei-sons who abscond themselves. 

*'An Act to Enable ]>ersons who ai*e his Majestys 
*'Leige Subjects either by Birth or Natumhzation to 
** Inherit & hold Real Estates notwithstanding the 
'* Purchase, Grant or Devise were made before Nat- 
'*uraHzation within this Colony — 

'^Whei-eupou We humbly beg leave to represent to 
"your Majesty— 

" That by the first of these Acts the Lands Tene- 
** ments Goods Cliattels Rights and Credits of Pei-sons 
** who have never resided within the Colony are made 
" liable to be attached for the Recovery of Debts due 
"from such Persons, and althongli the Situation of 
*• New Jersey, and its Connections with the Colonies 
**of New York and Pennsylvania in which the owu- 
''ers of Lands and Effects in New Jei'sey do fi'e- 
•* quently reside, do in some Degree distinguish it in 
'•this Case from other Colonies, Yet We aie clearly 
'"of opinion that the raischevious consequences of 
*'such a r^aw when General must greatly outweigh 
" the Utility of it— 

"That by the sec:ond of these acts the Title and 
*' Claim of every Inhabitant of that Colony to any 
*" Lands or Tenements gi*anted or made by any Alien 
"before naturalized by Law shall not be defective or 
'' disputable on the gi-ound of such alienation either 
'* in tlie Gmntoi*H iir Grantees; a provision which tho* 
** evidently foimded on principles of Humanity and 
" Good PoHcy, Yet is of such a Nature, and does so 
*• materially affect Your Majestys Rights derived from 
'• the Laws and Constitution of this Kingdom that it 
" ought not to have been the object of a Law of that 
•' Colony without Y'our Majestys permission fii'st ob- 




32G 



AUillNLSTUATION OF QOVEUNOB FBANKLIN, 



[1773 



L 



' taim^d, from whose Bounty and Goodness alone an 

* Indulgence of tliis Natui-e ought to have tlowed— 

'* For these Eeasons We humbly lay those two Acts 
' Ix^fore Your Majesty for Your Majestys Disallow- 
' ance thereof, and crave leave further humbly to pi*o- 

* pose that as the practice of passing Laws in the Col- 

* onies of the nature of that tirst mentioned in this 

* Repi'esentatiou has of late but too much preveuled, 

* an additional Instruction should be given to the 

* Governors of all Your Majestys Colonies, restraining 
*them from giving their assent on any pretence 
'whatever to any Law by which the Lauds Tene- 
' ments Goods Chattels Rights and credits of perHons 

* who liavo never resided within the Colony shall \m 

* made liable to be attached for the Recovery- of Debts 
' due fioni such persons — 

'* The Lords of the Committee in o]>ediencc to your 
' Majestys said order of Reference this Day took the 
'said Representation and Acts into their Consider- 
*ation, and do humbly Report to Your Majesty, that 

* they concur in opinion witli what is above proposed 
*by the Lords Commissioners for Trade and Plonta- 
' tions, and to that End that it may be adviseable for 
' Your Majesty to Signify Your Royal Disallowance 
' of the said Acts; and to Direct the Lords Commis- 

* sionei's for Trade and planUitions to prepare the 

* Draft of an additional Instruction to the Governors 

* of all your Majestys Colonies agreeably to what is 
' proposed in the above Representation of the said 

* Lords r'onuuissioners — 

His Majesty taking the said Report into Considera- 
tion, was pleased, with the advice of His Pi-ivy Council, 
to approve thereof, and accordingly to Disallow the said 
Acts; And His Majesty doth hereby Order that the 
Lords Commissioners for Trade and plantations do 
prepare and lay before His Majesty at the Board, a 
Draft of an additional lastruction^ to the Governors 




1772] A(>MI^f^STHATIOK OP GOVERNOR FKANKUN. 337 

or Commanders in Chief for the time being of all his 
Majestys Colonies restraining them from giving their 
issent on any pretence whatever to any Law by which 
the Lands Tenements Goods Chattels Rights and 
Civdits of pei-sons who have never resided within the 
Colony shall be made liable to be atUiched for the Ite- 
ivery of Debts due from [such] pers<jns — 

Stepu: Cottuell 



)sent<tfton from the Lords of Trade to the Kvagy 
submitting a draft of au additional instruction to 
the Governors in America, in compliance with the 
foregoing order of the King in Council. 

[Frum P. R. O., B. T., PlAuUtiona Oti&eral, Vol. 42, p. aSC.] 

VVhttehaUj Feb, 1, 1772 
To the King's most Excell? Majesty. 

Mar/ it please Your Majesty ^ 

In obedience to Your Majesty^s order in Council 
dated the 15*?' of Janiiaiy last» we have prepared, and 
hei>?with beg leave humbly to lay before Yotir Majes- 
ty Draughts of Additional Instructions to the Gover- 
nors or Commaudci-s in Chief of all Your Majesty's 
HColonies and Plantations in America, restraining 
Htheni from giving their Assent to any Law, by which 
^bilio Li^nds* Tenements, Goods, Chattels, Rights and 
^Krodits of Persons, who have never resided within the 
resi>ective Colonies shall ho. attached for the fKiymont 
of debts due from sui^h persons, otherwise than as al- 
>wed by the Laws of this Kingdom. 
Which is most humbly submitted 

HiLLSBOKOuiiU, John Roberts, 

SOAH£ JENVNS. GHBV1LL£. 



338 



ADMINI3THATI0N OP OOVERNOR PRANKLIX. [1TT5 



Additional Instruction to Onr TniBty and Well- 
loved William Cani])lx?ll Ksqiiire aimmonly 
called Lord William Campbell, our Cap- 
tain General and Governor in Chief in and 
over Our Prodnce of Nova Scotia in Amer- 
ica. Given^^ 

Whereas Laws liave been passed in some of our 
Colonies and Plantations in America, by which the 
Lands, Teueuients, Goods, Chattels, Rights and Ci*ed- 
its of Persons, who have never resided within the Col- 
onies where such Laws have been passed, have beea 
made liable to be attached for the recovery of delits in 
a manner different from that allowed by the Laws of 
England in like Cases; and whereas it hath been repre- 
sented unto Us, that such l^iiws may have the c(mse- 
quenco to prc^juflice and obstruct the Commerce be- 
tween thi.s Kingdom and (Jur said Colonies, and to 
affect public Credit; Ic is therefoie Cm* Will and 
Pleasure, that you do not on any pretence wliatever 
give your Assent to, or pass any Bill or Hills in Our 
Province under your Government, l)y wliich the 
Lands, Tenements, GimmIs, Chattels, Riglits, and Ci-ed- 
its of Persons who have nevur resided within Our said 
l^ovince shall Iw liahhi to he atta'.'hed for the Re- 
covery of Diibts due from such Persons, otherwaya 
than is allowed by Law in Cases of the like Nature 
within this Om- Kingdom of Great Britain, until you 
shall have first transmitted unto Us, by one of Our 
Principal Secretaries of State, the Draught of such Bill 
or Bills, and shall have received Our Royal Pleasure 
thereupon, unless you tiike Care in the passing of 
sucli Bill or Bills, that a Clause or Clauses t)e inserted 
therein, suspending and deferring the execution there- 
of, until Our Hoyal Will and Pleasure shall be Known 
thereupon. 

A like additional Instruction was prepared for other 
Governors in the American Plantations. 



772] ADMINiaTRAXlON OF »OT£JUiOK PKANKUN. 



339 



Order in Cojtncil approving the draft of the foregoing 
Additional Jnstriwtion, 

I Pram P. R. O. America aad West Indies, Vol. 108 liom.l 

■•, At the Court at St James's the 3*1 Day 
j of Febiniary 1772 

Present 
The Kings most Excellent Majesty in Council. 

Viliereas there was this day rea<l at the Board, a 
Report from the Lonls Comiuissioners for Trade and 
PlantationB, together with Draughts of Additional In- 
itructioua to the several Governors or Oomiiiandei's in 
Chief of His Majestys Colonies and Plantations in 
America (pi*epared hy the said Lords ConimisHioners 
in Puraiiance of His Majestys Order in Council of the 

■ 15"' of last Month) to restrain them from giving their 
Assent to any Laws, by whicli the Liinds Tenements, 
Goods, Chattels, Rights and Credits of Persons who 
have never re8i<led within the i'e.s]>ective Colonies, 
shall \te attached for the Payment of Debts due from 
such Pereons otherwise tluin as allowed hy the Laws 
f this Kingdom— His Majesty taking the same into 
Consideratii^u, was pleased, with the Advice of His 
Privy Council, to api>rove of the said Di-aughts of Ad- 
ditional lastructions (which are hereunto annexed) 
and to order, as it is hereby ordoi'od, that the Right 
Honourable the Earl of Hillsborough. One of His Ma- 
jestys Principal Secretaries of Stat« do cause the same 
to be prepared for His Majestys Royal Siguature. 

yrKPii: CorrRELL 



330 



ADHINIBTKATION OP OOVERNOR FBAKKUN. 



1772 



Letter from Rvujamin Franklin to Governor Frank- 
lin, in relation to the appointment of Colonial 
Agents in England, 

[From " Works of Be&jamlii FrankUn." by SpoHcs, vn., 204.] 

London, i^O Januaiy, 1 772, 
My Dear Son: In yoiii* last you mention some com- 
plaisance of Lord Hillsbomugh towards yon, that 
showed a disposition to be on better terms.' His be- 
haviour to me in Ireland corresponds exactly. * • 

The resolution of the Boai-d of Trade to admit, for 
the future, no agents to appear before them, but such 
as ai-e ap|>ointed by *' concurrent act of the wliole Leg- 
islature,"' will I think, put an end to agencies, as, I 
apprehend, the Assemblies will think agents under 
the ministerial influence, that must ai'ise from such 
appointments, cannot be of much use in their Colony 
affaii-s. In truth, I think tJie ixgents, as now ap- 
pointed, of as much use to the Government here, as 
to the Colonies that send them, having often pre- 
vented its going into mistaken measures through mis- 
information, that must have l>een very inconvenient 
to itself, and would have prevented more of the same 



) The (lovornor pr<»liubl.v hfu! ri?fpn>>«1 to lyirvl HillsbomuKli'i i1lM|MkU-tiM of Jiilj 
S, July Id aii<l Decembfr 4, ITTi , npproriiiK hU conduct In rariotu nuittenL 

• SuH* It'tUrr frmn llif Rtanl of Trnili- to Unvi-rnor FmnWtlii. Jiini' 21. I77t Whrn 
Beni&min PrnnhllD pn.>?M>at<*(] h'n cretlfiitlatsiLo aK'*nt of the MitPi>M)c)nu<ett* EIoum* 
of RpprvfleuiAtlvc^, to I^>nl Hi)li>lHtnMifrli, on January 16. 1~1, that ni>l)lr'U)nn lioil.r 
d4>cUned to recotfui£i> any lucont not nppointetl by iht wmcurrnit net of boili 
hranrlint nf tlie l*i:l»'iifur«>. nnd approvM by the Oovcmop. An Kranklla wnile 
at the time: "TMh docirliiL', if he coull <_*^Uil>liah It. wouItllnA maoberjrlvc to ht« 
Lord»hJp tbe power of app'ilotlnjr. or at least negmitlvlnj; auy choicr of ih*- Hmiwp 
of Hepraaentattves and Oouncil. »lnne It wuukl lif o«iy for Um to iuainn.'t tbe (hn- 
emor not to uient to the ftppointnieni of such and nicb men, who ok abnoxlou* 
tnhini; im that. If 1h« nppotutmt'nt U lUinuAl. t'vpry nKimt Itmt vabwvl htn post 
must oonidiler hiiiiioclf as holding It by favour of hlA Lonl>Jiip. and of o urae too 
much obllfretl to hlni to iippose hlti meosureti, however contrary to itw inien*»i of 
tite Pmvlnee. or what use Mich ac«ut« would ba, Utt eM9 to Judce."- H'orlc*, 
VU.. 008, MO; VUL, 7. 



1773] ADMINISTRATION OF GOVERNOR FRANKLIN. 331 

kind, if they had hecu attended to; witness the stamp 

I and duty acts. I believe, therefore, we shall conclude 

Hto leave this omniscient, iufaUible minister to his own 

devices, and be no longer at the expense of sending 

any agent, whom he can displace by a repeal of the 

appointing act. I am sure I should not like to be an 

agent in such a suspicious situation, and shall there- 

^_iore dochne serving mider every such appointment. 

^M Your Assembly may avoid the dispute you seem 

^■appi*ehensive of, by leaving the appointment of an 

^b^nt out of the support bill, or rather, I should say, 

^|HI| sum for his salary. The money in my hands will 

^pay him, whoever he is, for two or thi-ee years, in 

which the raetisui'c and the minister may be changed. 

ti the mean time, by working with a friend, who lias 

it influence at tlie Bt>ard, he can serve the Province 

effectually as by an open reception and appearance. 

1 am ever your affectionate fatlier, 

B. FUANKLIN. 



^Kepresentiiiion from the Lords of Trade to the Kintjy 
nnth ii draft of au (tdditional instruction to the 
Oov^rtiors in Afnerica, relrt.tt}Hf to au Alteration 
in the prayer if for the RoytU Family. 

(Prom p. B. O. B. T.. PlaiiUtiona OtmenU, Vol. iS. paxe 106.1 

WHITEHA1.L Feb' 13, 1772 

To the King*s most Excel? Maj^ 

May it pteiise Your Majesty, 

Pursuant to an Order of the Lords of Your Muj- 
festy's most Hon''*^ Privy Council, dated the ^'-^ instant, 
'directing us to prepare Draughts of Instructions proper 
to be sent to all the Govemoi's of Youj- Majesty's Plan- 
tations in America, relating to the alterations in the 
prayers for the Royal Family, We hei-ewith humbly 



332 AIIMINISTRATION OP noVEIlNOR PRANKUN. [1773 

lay before Your Majosty the Draughts of such Instnic- 
tions, as wo conceive pmjx^r on this OccAsiou for your 
Maje^^ty's Royal Approliation. 
All wliich an? most hunihly suhniitttHl. 

HiLusBOKouoH. John Robkkts. 

SOAME JeNYNH. GREVIIXK. 



Additional Instnictiou to Our Trusty and Well- 
beloved Guy Carleton Ksq*^ Our Captain 
Gteneral and Governor in Chief in, and over 
Our R-oWnce of Quebec iu America, and 
in his absence to Our Lieut- Governor, or 
Commander in Cliief of the said Prt>vince 
for the time being. Given 

Whereas it hath been declared by the Lords of Our 
Privy Council by their Oi^or in Council on the eight 
of February instant that in the Morning and Evening 
Prayers in the Utany and in all other parts of the 
public Service as well iu the occasional offices, as iu 
the Book of Common Prayer, where the Royal Family 
is apiM»i!ite<l to l»e partictilarly ])rayed for, the follow- 
ing form and onler should be observed Viz- Our Gra- 
cious Queen Charlotte, His Royal Higlmeas G^oi-ge 
Prince of Wales, and all the Royal Family; Our Will 
and Fleasuiv is, that in all the Prayoi's, LiUuiies and 
Collects for the Royal Family, to be used within our 
Pi*ovince of Nova Scotia under your Government, the 
following form and order should bo observed viz' C>ur 
Gracious Queen Charlotte, His Royal Highness George 
Prince of Wales, and all the Royal Family. And for 
the bettor notice hereof in Our said Province, It is 
Our further Will and Pleasure, that You cause the 
same to be fortliwith publisheil in the several Parish 
Churches, and other placfts of divine Worship within 
the said Province; and that you take Care that obe- 
dience be paid thereto accordingly. 



AOMIN'ISTRATIOK OP GOVERNOR PRAKKUN. 



333 



erjrom Gov. Franklin to the Earl of Hillsborough 

tiransmUiing pitblic papers, 
^ LFrom P. R. O. America & Weit Indies. To). 179 (IIM).I 

" BuKLiNOTON March to, 1772 

The Right Hon'^'" the Earl of HLUsljorough. 
y Ijord 

I have the Honour to transmit to your Lordship, 
Copies of the Minutes and Laws of the last Session of 
Greneral Assembly held at Burlington. The piN^sent 
Act for the Support of Uovernmvnt is made coufoiuia- 
ble to the Sentiments of the Board of Ti-ade, in the 
two Instances pointed out in their Lordship's Letter to 
me of the 21'.* of June. And tlie Assembly appreliend 
that in the Act for the speedy recovering Debts from 
StJP Pounds to Ten Pounds, and in the Act for the 
Relief of insolvent Debtors, now passed, they have 
fully obviated the Objections made to the former 
Laws for the like Purpose, passed in NovT ITfiU, & 
March 1770, which received llis Majesty's Royal Dis- 
allowance. — The other Acts passed at the last Session 
are of a common Nature, and need not be particularly 
mentioned. 
I have the Honour to be, with the gi'eatest Respect, 
My Lord, Your Loi-dship's most otiedient 

& most humble Servant 
W" Fkanklin 



ADMINISTRATION OF OOTERNOH FBAKKUN. 

Letter of Gov. Franklhi to the Earl of Eitlshoroiigh, 
relative to the settlement ofttie difqvtte vwicennng 
the resiijnnlion of Mr. Oyden as a member of tlie 
Assembly. 

[From P. R 0.. America and West ImUes. ToL m {10I>.J 

BuRTJNOTON April 0*" 1 77*2 
To the Hon**'* the Earl of Hillsborough 

My lAtrd 

I am honoiu*ed with your Lordship's Dispatches N" 
33, & 34. 

His Majesty's Approhation of ray Refusal to seal thw 
Writ for a new Eletition for the Cojuity of Essex, af 
fonls rae great Satisfaction. — As I was informed at 
Uio Resinning of the last Session, tliat the Asseml)ly 
hatl some Thoughts of making that Kcfusal a Pi-et^nce 
for not granting tho Money for the Tro<ips, T was in- 
duce<i, in order to pi-event an Altercation which might 
impede His Majesty's Service, to appoint M' Ogden 
(the Gentleman whoso Resignation was disputed) a 
Justice of the Peace; by which Means his Seat became 
vacatetl, agreeably to an Act of Assembly of the 4**' of 
deterge the Se<!oud, which diHilares, *'That if any l*er- 
'* sou being chosen a Member of the House of Repre- 
*'sentiitives of this Province shall accept of any Oflfice 
"of Pi*ofit fmm the L'it>wn, or from the Governor for 
** the Time being, during such Time as he shall con- 
** tinne a Member, his Klection shall be void, and a 
'* new Wiit shall issue for a new Klection, as if such 
*' Person so accepting was naturally dead."' M- Ogden 
accepted of the Office; and as soon as I wjis informefl 
that he had taken the necessai^ yualiticiition, I issuo<l 
the Wiit for a new Election, and another Person was 



a 



"An Act for Bccurinjr th« Frccylom of Awmbllm." pwHptl Jaly 8, 1790, Bectkui 
■AUinun'it tAtWM.VS. 




ADMINISTRATION OF QOVEUNOIl PRAKKMN, 



335 



accordingly chosen; but the Election did not happen 
till a R^vv Days :iftt»r the House was prorouged. Ini- 
^_ meiiiitc'ly on the Writ issuing I ac^^uainted the House 
^■Ly a Message with what I had done, which prevented 
^■their sending me a Message on the Subject as they had 
^■before intended. However the House taking the Mat- 
V ter into Consideration some Days after, they wei*e of 
Opinion it seen^s, that tho' the Law says expmssly 
that his Seat shall be void on his accepting an Office 

Pof Profit, and that a new Writ shall issue yet tliat it 
is the sole Right of the House to declare the Seat 
vacant, and to oi-der the Wiit for a new Election, and 
that the Writ ought not to have been issued in Conse- 
quence of any other Jurisdiction whatever. This 
Opinion they contenttxl themselves with expressing 
p ill two Resolves on their Minutes uot choosing to send 
^■tne any Message upon it, owiug as I afterwards uuder- 
" stood, to many of the Menil^ers being averse to ent^ir 
' into any ContTOvei^sy on a Point on whidi they beg-an 
I to l>e dubious themselves. The Council, to whom I 
[' communicated the Message before it was sent, were of 
I Opinion, that as the Law declared the Seat of a Mem- 
ber to be void on his Acceptance of the Office, and as 
such Acceptance must l^e known to the Executive 
I Part of Government, I might either iasue the W>it 
for a new Election immediately upon my o\vx\ Knowl- 
edge of the Vacancy, or upon its being signified to me 
by an Order of the House: That it might be often 
^necessary for the publick Good that I should exercise 
^kuch a Power, otherwise, if a Member accepted of an 
^^Office during a Recess of the House, theix^ would be 
f no Election until the House slioul^l meet again; and 
H^en, tho' a new Writ should be issued the first Day 
^of their meeting, yet a whole Session might elapse 
I before a Member could be returned (thei*e being always 
forty Days between the Teste and the Iteturn of the 
Writ) which might be of gi-eat Detriment t() the Place 
he represented: That there was nothing in the Act 



ADMIiriSTTtATION OF GOVERNOR PRAXKLtK. 

aboveraentionod which gave the House the Right con- 
tended for, ou the contraiy, it declares that a **new 
Writ shall issue for a new Election '* on the Accept- 
ance of an Office. A6d, lastly. That even in the prior 
Act of Assembly (7*?* of Amie) where the House of 
Representatives are inijwwered, when met in General 
Assembly, to be Judges of the Qualiiications of their 
own Members," it is not declaimed that they shall be the 
sole Judges. As it is not impossible, after all, but 
that the Council and T may have l>een mistaken in 
this Matter, the Propriety of the Claim of the House 
depending in a great Measure, perhaps, on the Usage 
of the House of Oommons in tlie like Cases, of which 
we have not the least Means of Information here; and 
as it is not unlikdy but the Poiut may, on some futum 
Occasion, be again brought into Disput<% 1 am glad to 
find by your Lordships Letter that you will send me 
Instructions upon it, after it has bete n fully considiM-eil 
by the different Departments of Government. My 
Message t-o the House on this Subject is in Page 18, 
and their Resolves in Pago 21 of the printed Minutes 
sent herewith. 

I should have informed your Lordship, that the 
House intended to admit the Member electwl in pureu- 
ance of the new Writ, notwithstanding their Resolves; 
but since his Election I have dissolved the Assemlily, 
and there has ]»een a general Election, in order that 
the new Counties might Iw? I'epresonttHi, agreeably t*> 
the Law which was lately confirmed by his Majesty. 

I have the Honom* to l)e, with the greatest Keajiect, 
My Lord, Your Lt^irdshipV most obe<lient 
&. most humble Servant 
W"? Fkankun 



* "An Act rrcidatfaK Umb QMUflsaMoM ni BnprtNKtatlTM to aenre In Ui« Q«n- 
onl Aafwmltly In Ihin I*rovlnpo of Nrw Jerm-y." pusod April 4, 1709, prDvlfi<-», 8oc- 
tlon 4, "UiAt the ItiKwe of Rpprew'titAUrfA, tOucteJ mhI ('tuw«n aa afomMlil. wheo 
met In Qracral Aweinbly, rnv mnti simll be Judges d( tbeQiuUtftcatiousof tb#ir 
own Hi>ntb«««." Alli»on^$ Lam. 7. 



ADICIXISTttATION OF OOVBENOU FKANKLIN. 



337 



Latter from Governor Franklin to the Earl of H ilia- 
l}orouyh, relative to tiro Acts of the Assembly 
passed October, 1770. 

[From P. R. O.. America ftnd WmI Indiea. Vol. 170 (IW^t 

BrRLiNOTON May 5'?" 1772 
Right Hon*'^ the Earl of Hillsborough 

My Ixprd, 

I am honoui^ed with your Loi-dship*s Dispatches of 
the 5*.'' & S"' of Febniary, and iuive likewise received 
those of M^ Fowuall and M^ Knox dated the IT'.' and 
18*^ of February. 

I shall not fail to publish in the usual Manner, His 
Majesty *s Royal Disallowance of the two Acts passed 
in Oct- 177<», and to pay Obedience to the Additional 
Instruction with i-egai-d to the passing of Ijaws rela- 
tive to the Attachment of Lands, &c. belon^ng to 
Pei-sons who have never residetl in the (\)lony. It is 
necessary, however, that I should observe to your 
Loinlship, that the Law for this Pl^^x)se. to which T 
gave ray Assent, was passed exactly in the Manner 
(lii*ected by the present Instruction, having a Clause 
HiiH[»endin}{ the Execution tliereof untill the Royal 
Will & Pleasure should be known thereupon; a Cir- 
cumstance which I presume was not attended to. as it 
is not at all mentioned in the Report of the Board of 
Trade. Nor is there any Notice taken in the Board of 
Trade's Representation on the other Act (relative to 
the Purchases, &c. of Aliens) that it also cont-ained a 
Clause of the same Nature, and a humble Prayer to 
His Majesty that it might be enacted. This, I believe 
is the only Mode which has ever been pursue*! here, in 
makiiif^ Application for a Law which may affect any 
of His Majesty's Rights; and tho' it has the Form of a 
Law, for the Sake of more exj>editiously obtaining the 




338 



ADMIKISTRAXIOH OP GOVERNOR PRAXKLIN. 



177t8 



Advantages proposed by it, is only considered in the 
Light of a Petition, But as their Lordships say, '* that 
** it ought not to have been the Object of a Law of 
*'thLS Colony without His Majesty's Permission first 
** obtained," I shall be careful for the future not to 
give my Assent to any Law of the hke kind, even 
with a sU8ix?nding Clause, unless a Permiseion has 
been previously obtained from His Majesty. For 
what has jjast I shall hoi)e to be thought the more 
excusable as it wa.s agreeably to the constant Practice 
of this and the neighl>ouring Colonies in such Casee, 
no ways repugnant to any of the Royal Instructions, 
and as a Law of a similar Nature had a short Time 
before been passed by the Governor of New York, 
which has since been allowed of and confirmed by His 
Majesty. 

It gave me particular Pleasure to hear from your 
Lordship, that the Addresses of both Houses had passed 
with such Unanimity, as it Affords a Prospect of that 
Harmouy whicli is so essential to His Majesty's Meaa- 
ui'es for the Good of his People.' 

I very sincerely condole with your Lordship on the 
Deaths of their Royal Higlinesses the Princess Dow- 
ager of Wales, and Princess Mary, Landgi'aviue of 
Hesse Casse), but am hajipy to find by your Ijordships 
Letter, that His Majesty and the Rest of the Royal 
Family are as well as can be expected under such 
afflic'tJTig Events. The C)ixlei*s for the Mourning and 
the additional Instruction dii'ccting the Form to be 
used in the Prayei-s for the Royal Family, I have 
caused to be made publick in the Manner usual upon 
such Occasions. 

I liave the Honour to be, with the greatest Respect, 
My Lord, Your Lordship's most obeilient 

& most humble Servant 
W" Franklin 



* iMttuar tba King's SpMdiat th« opmlngof P&rlliuiiv; u r tt. a J 
the two House* In rei^j, cootatoed anj reference to American aflUn. 




■ 



1773J ADHIXISTRATION OP OOVERNOR FBANKUN, 





Pte 



339 



Letter from Gov, Franklin to tfie Earl of HilUbor- 
otigh^ transmitting the petition of the Presbyter- 
ian Clergy residing in New Jersey, praying that 
the Goi^enior would grant them a charier to en- 
able them to raise funds, etc. 

[From p. B. O. Anwricft and West Indies, ToL ITS I IM). | 

BuRiJNOTON May II*" 1773 
Eight Hon*'!^ the Earl of Hillsborough. 

My Lord, 

Having some Time ago received a Petition from Dr 
Witherspoon, President of the College at Princeton, 
and a Number of other Presbyterian Ministers resid- 
ing in this Province, praying tliat I would grant them 
a Charter to enable them to raise a Fimd for the Sup- 
port of their Widows and Children, I laid the same 
Ijefore the Council, with a Draft of the proposed C'har- 

r, which, by their Advice, was refen'ed to the Attor- 
ney General for his Opinion. The Attorney General 
having his Doubts both a*^ to the Expediency and Le- 
gality of the Measure, advised me to defer granting it 
until I obtain His Majesty's Dii-ection thereupon. He 
likewise comnmuicated to me a Copy of a Report of 

he LoiyIr of the Committee of Council for Plantation 
Affairs on the 21'!' of August !7''7, respecting a Peti- 
tion for the hicorporation of the Presbyterian Minis- 
ters &c in New York, wherein it appeai-s that the 

oard of Trade had not only made it a Question how 
far such an Establishment could be created by His 
Majesty consistent with Iiis Coronation Oath founded 
on the Act of Queen Anne, but upon the fullest Con- 
sideration were of Opinion, tliat inde|>endent of the 

bjection arising out of tliis Question, it vraa not ex- 




340 



ADMINI^TBATIOM OF UOVJSKNOR FUANKLIN. [17T2 



pedieut upon Principles of general Policy to comply 
with tbe Pi-ayer of that Petition, or to grant them 
any other Prh'ile<jes tlian they are iutitlpd to Ity the 
[jaws of Toleration^ in which Sentiments the Lords of 
the Committee of Council agreed, and reported to His 
Majesty that, the said Petition ought U> be dismisAed, 
and it was dismissed accordingly. I laid the said Copy 
of the Report of the Lords Committee of Council, to- 
gether with the Attorney General's Reixnt, before His 
Maj(:?sty's Council in tliis Pnjvince (as your Li^ixlship 
will see by the Minnt-es of the 21" of February en- 
closed) who wei^e of Opinion, *' That if the said Char 
"ter shall be so drawn as to be uuexceptionable in 
"^ Point of Form, and shall be confined solely to the 
** Pur}K>ses of tbe Charitable Institution therein nien- 
*'tioned, and the said Corpoi-atiuu made accountable 
'* to this Board for the Monies they shall receive and 
**pay by Virtue of the siiiil Charter, then and in such 
'* Case His Excellency may with Propriety order the 
** Gi-eat Seal to hi* aJtixed t<» tlie said Chaiter without 
*' rcferrinii th^ same to tf^e Consideration of His Ma- 
*\yV.s///\s Ministvrs tis adinsed by the Attorney (rtneraly 
" it appearing to the tVmncil that the Kefert^nce made 
'* to the Board of Trade from the Governor of New 
**york ivlativo to a Charter for a Presbyterian Con- 
*'gregatiou in tliat Provmce, is by no means similar 
'* to the Case in Question/' — 'I'his was the Opinion of 
four of the six Counsellors then present wheTeui>on 
the Attorney General was directed to report his Opin- 
ion concerning the Alterations necessary to be made 
therein which he accordingly did; But as I have 
Reason to think tiiat had there been a full Meeting of 
the Council the Majority would have Iw^en of tlie same 
Seutiiiients as tlio Attorney Gt^neral, as to the Pro- 
priety of waiting for His Majesty's Orders, and as His 
Majesty's Ministers wei-e so lately of Opinion that '*it 
was not ej-pedieni upon Principles of general Policy 




1773] ADMINtSTRATtOK OP fiOVEKKOlt ^RANKUN. 



^41 



to grant the Presbyterians at New York any other 
Privileges than they are intitled to by the Law5 of 
Tolerntion,'^ I could not think it pro|->er to acquiesce 
in the Opinion which the Council gave me on the Oc- 
casion. T have therefoi'e enclosed to your Lordsliip 
Copies of the Petition, the Draft of the proi)osed Char- 
ter, M*^ Ogden's Observations, tlie Attorney O^neiuPs 
two Reports, and the Mimit^s of Council relative 
thereto, for His Majosty'i^ Consideration, and shall bo 
glad to be informed whether I may pass the said 
Charter, provided it is made conformable to the last 
Re])ort of the Attorney General and the Sentiments of 
the Comicil. Charters for the like Purpose have been 
lately granted to the Clerg}' of th<^ established Church 
of England in the Provinces of New York, New Jersey 
& Pennsylvania, a printed Copy of which is enclosed;' 



> Th« need of mieh ah orgftuiutlou h&vitij; ht^a. lon« ftppoivbt, ftt a mating of 
UiB clRrgr at EUiAhetb-tuwn, in Octobt^r, I7Q7, u oimiitiittiti* was appoiDt«d to fnune 
a pUu. " lu pumiancc of thin appointment, tli*^ R^vd. Dr. BBtltti, rr(>rost of the 
OtUei^ of Ptiilartelphin. tin- Rt-r. T>r. AiUThmuty, Recu>r o( Trinity Chnrcli, the 
Revd. I>r. Ooo]>er. Pn'sldeut of Kin^^'it Colle^. bot4) of New York, And the Revd. 
Mr. Cook. MUudouary iu Moumoutli cminty, N«wr Jeney, ni«t at rftrth Amhoy, May 
13, 1708. And fnuuod a plan; which, with sninc nlt4>ratianft, ohtalncnl the approbation 
of Ruodry succeeding meetioss of the clpi^y. A draught of it Charter watt also 
AfCreod upon, and Charters booii aft^rwarda pacsed tu t>ach of the three Provlnoea 
of New York, New Jemey and PcnnHylranla, by whkb thp Ctei^y. &0d a number 
of this moat reaper table Ljkity named with theni. are created a body ettrporate. In 
vbleh erer of these Provlncee they may meet, or hare occasion to trwuact bari- 
oeaa. Thp flnrt meetlni; of the corporadon. iMrre^able to charter, was convrned at 
the city of biirlingtoa, in New Jrreey, October -Itb, iKtiii^ the fli-Nt Wralni>fMlay after 
the Feast of St. Ulcluwl, I7e9."-^n Abntract of the ProcefdiHfi* of /Ac Corpuru- 
tion/or Ihr Rflirf uf thf Widotm and Childrfn of Olfrgymen. in tht Cummuniun 
Hf the Church of HHgland in Aniertca, Philadelphia, 1773, S, 4. "The cbarter 
KnuDted In Pennsylvania, b dated February 7, l«6U: that in New Jeney Uarch 89. 
and that In New York 8eptemb«r SB, both of the Haiue year; and by a rule of tlie 
rorponitlon tho annual meeUngs are to be held by rotation. onc« In three j'eara, in 
t^ach uf the three Pro»inoe«,"— /&., B, note. At thv ajiiilTi-rsary mi-etluK held at 
Perth Atnboy. October 5, ITTl. the isermon was i»reach<-d bv (he Rfrv. t»r Tliomas 
Bnnlbury tTiaiitJl'T, of EllJtobethtowii, nn^l was pHnlttl by tfluoc ("ollliiw, at Bur. 
lhifrt<>ii, with a brif^r abKtract of ih«^ pnJceedlnt.'K, the charter, etc. The Henuuu wan 
Aiidiealed " tfl hU ICxceUeney WilUam FrankHn, Ksq., Oo^omor of New Jenwy: In 
teatiiiiony of that Iteteem which In 'lutf tu UiHtlnKHiKlunl Merit, ami of tliai tirati- 
ludt> to which a KOiwrDas Patron awl Ik'neCaetvr l>t entitled trom evory well wbibor 
to our charitable eorponillon." This was lb(> "prlnl«^d copy" the wellpleaaed 
Oovemor Mwloaed In bis iettt^r above. The New Jemey uharler, g^raated by Gov- 
•pmor Franklin, m recorded In Liber AB of CommiMdonx, In the Secretary of StAt«*B 



84^ ADMINISTRATION OF OOVEBNOR PRAMRLIK. [1^78 

and a Charter of the same kind was granted some 
Years ago to the Presbytenans in Pennsylvania, who 
am chai-ged (as is nientioued iu the Attorney Generals 
Report) with having niisapplied a Fart of their Fua<l 
in order to propagate and support the Presbyterian 
fteli^on nrnoiig the new Settlers in different Parte of 
the Contiueiit of North America. 

I have the Honour to be, with the greatest Resi>ect, 
My Lord, Your Lonlships most obedient 
& most humble Servant 

W? Fr.\nkijn 



Petition of The Rev^ D"" Witherspoon & Mr E. 
Spencer for a Charter 

To HLs Excellency William Fi'anklin Esq?" Cap- 
taiii General Ghjverntjr & Commander in 
Chief in and over the Pro\dnce of New Jer- 
sey in Council 

The Petition of the Presbyterian Clergy in Com- 
munion with the pi-esent Established 
Church of Scotland residing in the Pro- 
vince of New Jersey afoj-enaid 

Humbly Sheiveth 

That many of your Petitioners have under their 
Care large Congregations of sober and industiious 
People hihabitants of tliis Colony who though willing 
to contribute all in their [x^wer towards the decent 
Support of their Ministei-s, yet are unaljle so to pro- 



ofllM. ftt Trenton, (ol. 00 Ii umy b« addt^^l that aa this lnit>ort4Uit orsuilMtlcia 
WM effected Iu New JortM'jr. no it was in Nhw Jrrsey. at tJie inertlUK of thia ooipo- 
nlton, M New BnuiKwieli. on May U, 17H4, thfti the Arat fomiAl tfiepn van Ukan 
(ortlieannutixation of Lhp Prot4^)tt»nt Epiacr^wl (.litinrh Id AiuericB, (ulepondcoi 
of Ihe Church of KiiKlAud.-nJtrtimtif«. etc.. Huitkt* and Ptrrif'* Hiwt., noImM^ <Cti., 
a 77.- (W.N. I 



1772] ADMlXlSTRATIOy OF OOVERNOn FRANKLIN. 



343 



vide for your Petitioners as will put it in their Power 
to lay up anything considerable for the Siibeistence of 
their Widows or provision for tlif^ir Children after 
their Decease while many Charitably disposed Per- 
sons of good Estates aiv willing to contribute towards 
iblishing a Fund sufficient for their ReUef and 
^our Petitioners themselves aie willing t**) make small 
Annual payments for the same Pui*pose in Case there 
were Proper Persons Appointed & impowered to re- 
ceive manage and disjx)se of the same. 

Your Petitionei*s therefore most humbly pray that 
;he Premises considei^ed Your Excellency will be 
pleased to giant to your Petitioners His Majesty's 
H4»yal License by Letters Patent under the Great Seal 
of the said Piovince incorporating into a body Cor- 
porate & Pohtick with per[>etual Succession such fit 
and prudent Pei-sons for the purpose aforesaid as to 
his most gracious Majesty in his Wisdom shall seem 
meet & to invest them with the Necessary Powers 
Privileges & Imnmnities. 

And Your Petitioners as in Duty bound shall ever 
pray &c* 

Signed by Order & in beludf of the Presbyterian 
^Clei^ residing in New Jersey by 

Jn? WrrHERSPOON 
Eumj Spencer' 



Ih'aiight of a Charter for incorporating **The 
" New Jei-sey Scx^iety for the better Sup- 
** poi-t of the Widows and Education of the 



> Elfhu ^)enr«T. born at EMt Hftddnm. Conn.. Feb. IS, 1791,Bvndiaat«orTftl»lD 
1740. BMncfnU'd with John Braintml iti Imliaii MltwinnH. |uuitor nt EUaabeihlown, 
1730-0; supplied Slkrewmhiiry, MicldleU>«ii Poiul, Amboy aud the BeB-cosst toworda 
KgR H»rt>or, 1761. 4; 8p^nl four jeara In lAncaau-r Pre«bywr>, IVnii.. ITiV»-B. whvn 
bewoacaUvd toTrvntoD, whpn* he diet) DtHjAiiilwr 37, tTHi. — WrbMler'B Hist. Fteu. 
Ckurrk, r«J-90i SynMiTir'a AnnaU, HI., 160-9; Hatfield's KltMabftStovm. Ml-S.— 



344 APMIKISTBATION OF OOVTERlfOft PRAJTSUN'. {VM 

'" Children of deceased Presbyterian Minis- 
" ters in Communion with the present es- 
" tahli^hed Church of Sa)tland" 

Oeorok & To all & Wliei-eas our Lovitip 

Subjects tho Pre.sb>iorian Clei-^ in Coniniunion with 
the present Established Church of Scotland residing 
in our C'olony of New Jersey North America by their 
Hund)le Petition presented to our Trusty & well l>e- 
lovL'd William Franklin Esq^ oiu* Capt" Oeneral and 
Governor in Chief in & over our said Colony of New 
Jersey and the Tt^mtories de^jending thereon in Amer- 
ica Chancellor & Vice Admiral of the same, and read 

in our Council of our said Province on the day of 

Anno Domini 1771, Have set forth that many 

of the Petitionei-s have under then* Cai-e Lai>r^ Con- 
gregations <.tf Sober Industrious People Inhabitants of 
this (Colony, who tho' willing to contiibute all [iu] their 
Power towai-ds the decent Su]>Yw^rt of a Gos]m^1 Minis- 
tiy, Yet from the Present Scarcity of Cash & many 
other Obvious Reasons are, (Especially on the fron- 
tierK. Wieiv the Inhabitants aiv Generally Scattered 
& but in Indifferent Ciix^umstances) unable to do moiv 
than Provide a baie maintenauce for their Rewjiective 
Ministers, wlio n<it Cluxming to laeglect the more im- 
portant Duties of their Office, are prevented from Pro- 
viding for the Support of their Widows & Children 
After their Decease, by which Means, many of them. 
Often Suffer the Necessary Consequences of Extn»am 
poverty, while many of their Bi-ethi-en in Diffeivnt 
Parts, as well as other CliariUibly disposed peisons, 
are willing to Contribute towanls Establishing & Sup- 
IKjrtiug A Sufficient fund for their I{4?lief in Case there 
were l^*ro|>er i^ei-sons appointed & impowered to Re- 
ceive manage & Disiiose of the same» Wherefore the 
said Petitioners Have humbly prayed for our Royal 
Grant by Letters Patent, under our Great Seal of our 



i 



K 



!] ADKlXtSTRATtOK OP OOVKKNOR PRANKUN. 345 

kid Province To incoqwrate into a Body Corporate & 
Politick with Perpetual Succession, Such fit & pru- 
dent Persons for the Purposes afores*^ with such Pow- 
ers Immimities, and Privileges, As we iu our wisdom, 
shall think meet And Whereas we being willing to En- 
courage & forwaixl So usefuU pious & Beuevolent a 
design it beuig Convinced of the Loyalty & Affection 
of the Petitionei-s to our Person & Government, are 
fi'aciously pleased to Grant this their Reiisoiuible re- 
[uei*t. Now Know Ye that we Considering the I'rem- 
ises, of our Especial Grace Certain knowledge & 
meer motion. Have Given & Granted Constituted 
and Apjiointed and by these Pi^esents for us our 
Heirs & Successora Give Grant Constitute & Ap- 
point unto our tnisty and well beloved William Fi-aiik- 
lin EsqT our Governor and Commander in thief of our 
Province of New Jersey, Richard Stockton and John 
Berrien Esq'' John Witherspoon Doctor in Divinity 
William Tennent Tiniothy Jones Andrew Hunter 
olni Brainhenl Klilui Si>encer, Charles M'iKight Is- 
lel Read, Benjamin Woodrutfe, Alexander MlWhir- 
tor, James CnldwilU AzelRoe, Jeremiah Halsey, Enoch 
Green Clerks, William P. Smith; Wiham Livingstone, 
Elias Boudinet and Robert Ogden Esq" William Bur- 
net, Moses Bloonifield & Nathaniel Scudder Gentlemen 
that they the said William Frankim, Richard Stoi^k- 
ton, John Berrien John Witherspoon, William Ten- 
nent, Tiniothy Jones, Andrew Hunter, John Hi-ainerd, 
Elihu Spt^ncer, Charles M^'Knight, Israel Read, Benja- 
^min WiKjdrutf, Aiexandej- M':Whert4:)r, James Cald- 
^k'ill Azell Roe, Jeremiah Halsey Enoch Green, Wil- 
^Kam P. Smith. William Livingstone Elias Boudinot, 
^n^^*l>ert Ogden, Willintn Burnet, Moses Bloomtiekl and 
Nathaniel Scudder and their Successoi-s, to be Elected 
tud Chosen, as is herein and Hei*eby after a]»pointed 
ind dii-ecteil, be. and by Viitue of these Presei»ts for 
sver hereafter Shall be, one Body Corporate & Politick, 
Deed, fact and Name; by the Name of '* The New 



^ 




J 



346 



ADMTNIHTRATIOK OF GOVERNOR FBAKKLIV. fl779 



** Jersey Society, for the better Support of the Widows 
" & iMucation of the Children of decea.s«l Presbyte- 
"lian Ministet-s in Communion with the Present Eis- 
" tabiished Chiu-eh of Scotland ''—And that they the 
said Body Coi-porate and Politick by the same Name 
shall and may Have Perpetual Succession & shall be 
known and distinguished in all Deeds Grants, Bar- 
gains, Sales Writings, Evidences, Muniments or other- 
wise howsoever and in all Courts For ever hereafter 
shall plead and be Impleadc'd Defend and be Defended 
by the said Name of The New Jei*sey Society &c And 
that they tlie said Body Coiporate & Publick, by the 
Name aforesaid Shall for ever hereafter, be able, & in 
Law Callable, for the Benefit, Advantage & Emolu- 
ment of the Widows & Children of Deceased Presby- 
tenan Clergymen afoi-esaid to have, flet. Acquire, pur- 
chase, Receive, take & pf^)sse8s Lands Tenements and 
Hereditaments to them and their Successors in Fee 
Simple, or for any other Estate, Term or Interest 
whatsoever, within our said Colony of New Jersey, to 
the amount of one Thousand Pounds Sterling |* 
Annum over & above all Reprises and Expences what- 
soever, and to take, have, Hold, receive. Enjoy, and 
Dispose of Goods, Chattels & other things of what 
nature or Quality soever and also to have Accept & 
receive any rents Profits Annuities Gifts, Legacies, 
Donations and Bequests of any kind whatsoever, for 
the Uses aforesaid So Nevertheless that the Clear 
Yearly Value thereof doth not Exceed the Sum o( 
other One Thousand puuuds Sterling Money afores'^ 
and therewith and otherwise to Support, Assist and 
relieve the Widows and Childivn of deceased Pi*esby- 
terian Clergymen who shall or may become Contribu- 
tors to the fund of s*! Corporation, and in such Man- 
ner rules Propoitions & Annuities as shall be Reason- 
ably Settlnl Agreed to & appoiute<l, by the Bye f^aws 
& Regulations which from time to time shall be made 



1772] ADMISISTRATIOI* OF OOVERKOR PRAKKLIN. 347 



and Enacted by the s* Corpoi-atiou and their Succes- 
sors, and to Grant bai'gain Release, Sell, Lett, Sett, or 
Assign, such Lands Tonem** Hereditam*^ Goods & Chat- 
tels aforesaid to any Pei-sou or Persons in fee Simple or 
otherwise howsoever and to Contiact & do all other 
things whatsoever by the Name afV and for the Pur- 
poses aforesaid in as full <St ample a manner, U> all Intents 
& Purposes whatsoever, as any Person or Persons or 
other Body Cor|»orate and Politick is able to do by the 
Laws of that part of oui* Kingdom of Great Bntain 
Called England, or of our said Colony of New Jersey 
and of our Further Grace Certain knowledge & Meer 
motion to the End & Interest that our said Coi-poration 
& Body Politick, may answer the design of their Elec- 
tion & Constitution, and may have Perpetual Succes- 
sion and Continue for ever. We do for Us, our Heirs 
& Successor's hei*eby further will Give and Gi*ant unto 
the said New Jersey Society &c and to their Successora 
for ever. That whenever the Majority of the said Cor- 
]X)ration or their Successors or any greater Number of 
them are Convened & Met together for the Service of 
the said Society, they & the Majority of them so met, 
Shall have full power Sc Authority fmm time to time 
freely & Lawfully to make & Establish such Ordi- 
nances, Ortlei-s, l^gulations & Lawn, as may tend to 
the better & moi-e Wholesome Government direction & 
Continuing of the said Society for the Purposes afs*? 
and Also for the better Managing improving increas- 
ing distributing & disposing of the funds & Revenue 
of said Corporation Provided that the satne be in no 
ways Contrary to the Laws of that part of Great Brit- 
ain calle<l England, and of the Colony of New Jenwy 
and also that it shall tSc may be LawfuU for said Cor- 
poration & their Successors, or the Major part of any 
Nine of them or of any Greater Number which shall 
Convene for the PuqK)se as afoms*^ as Often as any 
One or more of the said Corporation shall happen to 



us 



AT)MINI3TBATI0N OF GOVERNOR FBANKLIK. [1772 



die or by Removal, or Otherwise, shall become unfit 
or Incapable Accoi-ding to the Judgment of the said 
Majority to serve the Intei^e^^ts of the said C'oqioration. 
as Soon as Conveniently may l>e after the Death, 
Removal, or such Unfitness or Incapacity of any of 
the niemlit^i-ftof our said Corjwration aforesaid to KU*^'i 
<St Appoint Some other fit proj>er pei-son us to them 
shall seem meet to Supply tlie place of him or them so 
dyinK or Otherwise becoming unfit or Incapable as 
aforesaid aud Every memljer so Elected & appointed, 
Shall by Virtue of these Presents, and of Hiich Elec- 
tion and Appointment be Vested with all the Powers 
& Priviledge-s. whicii any of the other Members aj-e 
hereby invested with. And also we do hereby for us 
our Heirs & Buccepsora Give & Gi-ant to the said Cor- 
I>oration tt their SucceHSoi*s for ever that the said Cor- 
ixjration »Sc their Successors or the Majority of any 
Nine of them, or of any greater Number which shall 
Convene, for the Purpasesaforewiid Shall iSt may Elect 
Nominate & appoint a Prenident Tiwisurer and Secre- 
tary and all or any other inferior Oflicer & Officers, as 
they or the Majority of them fix>m time to time shall 
s€?em meet^And further of our Esi»ecial Grace Certain 
knowletlge and Meer motion we do by these Presents 
for us, oui' lleii-s & Successors, Give & Grant to the 
aforesaid Corporation &c to their Successoi-s that they 
t& their Successors Shall have a Connnon Seal under 
which they may pass all Deeds Writings. Contracts, 
Agi"eements, and all other the Affairs and Business (»f 
& Concerning the saiti C'orponition, which sliall be 
Engraven iu such form and with Such Inscription Jis 
shall be devised by the siiid Cori>oi-ation» or by the 
Major part of them. Convened together as aforesjiid 
and the same at the Will Oh: Pleasm-e of them and their 
SucceHsors or the Major part of them as aforesaid to 
Changt^ alter break tSc make n**w, from time to time 
As they shall think best and further We do hereby 




1772] 



ADMINISTRATION OP UOVBRKOH FftANKLIN. 



349 



Constitute & Api>oint the said William Teiinont Uj be 
the iii*st President of this our said Corporation and the 
said William Peartree Smith to be onr first Treasurer 
and the said Alexander M^Whertor to be the first 8et:- 
retary. who shall Continue in their Respective Offices 
until another President, another Treasurer & another 
Secretary shall be Chosen in their Rooms in manner 
afoix'Siiid and also we do Appoint tlie first Meeting of 
oui' said Corpoi*ation shall be on the third We<lnesday 
in April next at Pnnceton in the County of Somerset 
in our said Colony 

And luostly our Express will and Pleasure is, and 
we do by these Presents for us our Heirs & Huccessors 
(rive and Givint to our said (Jorjxiration & their Suc- 
cessors for ever that these our Letters Patent or the 
lurollment thereof in our Secretary's Office for our 
said Colony of New Jersey slmll 1m? Good and Sufficient 
ia the Law, to all intents & puiposes Whatsoever, 
against Us our Heii*s & Succe8s<:)i's without any Other 
Licence Grant or Coufimiation from us om* Heira or 
Successors hereafter by the said Corpomtion or theu- 
Successoi*s, to he had, or Obtained, Notwithstanding 
the not Reciting or mis Recital or not naming or mis 
naming of the aforesaid Offices Fi-anchises, Piiviledges 
Immunities or other the PremLse,s or of any of them and 
notwithstanding a Wnt of Ad Quod Damnum hath 
not Issued forth to Enquii-e of the Premises or any of 
them before the Ensealing hereof any Statute Act Or- 
dinance or Provision or any other matter or things to 
the Contrary notwithstanding To Have hold and 
Enjoy all & Singulai* the Priviledges Advantages Lib- 
ert-ies Immunities and al] other the Prcmises herein & 
hereby Granted & Given or which are meant men- 
tionwl or Intendetl to be hei*ein and hereby Given A 
Gmnted unto them the said New Jersey Society &c* 
and to their Successors for ever In Tesiinumy 
Whei-eof Acf 



350 



ADUIXISTRATtON OP OOTBRNOR FBAN'KUK. 



[1772 



Copy of the Hon*^" 1>? Ogden's Notes on the 
proix)sed Pre.sbyterian Charter — New Jer- 
sey— Novf 28, 1771— 

Notes & Observations on the Draught of a 
Charter to Support the Widows & Children 
of deceased Presbjierian Ministers — 

T am of Opinion that the end pro])osed by tlie Char- 
ter is laudable and the Governor can with gi^at Pro- 
priety pass a Charter to Answer the good j)urpose8 
therein intended and do conceive the same may be 
fully answered by altering the same in the following 
Instances viz' In the first page of the recital leave out 
the words (Clergy in Commnniou vnth the present es 
tablished Church of Scotia vd) and ia'^t^ad thereof in- 
sert (Mint'slers of the Oosjtel] -And in i»age 2"" in the 
^ame or Stile of the Corporation, Omit the Words (in 
Communion with the present Established Church of 
Scotland) 

The Reasons Inducing me to make the above Alter- 
ations are — 

I!!! That it will be improper for his Excellency to 
recognize by the Charter, the Estabhshed Church in 
Scotland so as to be a Kule or mark of distinction of 
any order of Men in New Jersey, more Esi>ecially to 
ElFect any of his Majesty's Subjects imder his Gov- 
ernment and make their being in Communion with 
that Church, a Test of their being Intitulnl or not to 
the Charity intended by the Act— 

a*!*! That the Draught of the Charter luay have a 
Tendency to lay a resti'aint on & Aliridge the Lil>er- 
ties of the Presbyterian Ministers, that their Widows 
& Childi-en cannot be provided ff>r. According to the 
Charitable design of the Charter, unless they wore & 
continue till Death in Comnumion with the Estab- 
lished (*hui*ch of Scotland. 



1772] ADHiyiSTUATIO^ OP GOVKRMOR FKANKLI!?. 351 

3*. That the giving the Body Politick a Power of 
Judging and Determining who are in Communion 
with the C'hurch of Scotland, may be the meanK of 
contentions & Disputes among the Presbyterian Min- 
isters who do not all hold the same Principles with 
that Church. 

4. That all the good purposes of the Charter will be 
fully answered in the above Alterations. 

5. I also think that tlie Widows & Children of such 
Minister's who have Subscribed to the Support &c? are 
only to be supjK)rte<l out of the Fund, is too restrictive 
of the Charity intended, the Case may happen that a 
Minister may be so poor as not to be able^ to Subscribe 
any Sum to the Fund, yet liis Widow & Children, 
very proper Objects of Charity; the leaving that to 
tbe Discretion of the Body Politick, I conceive most 
Eligible 

David Ogden 
Novr28"' 1771. 



Minutes of Privy Coimcil New Jersey Feb? 21, 

1772 



u-i 



At a Council held at Burlington on 
llli FRfDAY February 21"' 1772. 

Prksent 

His Excellency The Governor 

Charles Reap Esq' Stephen Skinner Esqf 
Samuel Smith Esqf Daniel Coxe Esq' 
Richard Stockton Esq' John Lawrence Esqr 

His Excellency was pleased to nomiuate Sarnnel 
Blackwood of Deptford and Thomas ('lark of (Tteeii- 
wich in the County of (Tloiicester to be Justices of the 
Peace in the said County. Henry Freeman of Wood- 



353 



ADMINISTKAO'ION OP QOVBRHOB PBAKKLIN. 



[177i 



bridge to be a Justice of the Peace in the County of 
Middlesex Joseph Readhig of Amwell to be a Justice 
of the Peace in the County of TTunt^rdon, and Richanl 
C(x;hiuu and Robert Sto<.ktou Ksquires to l*e Judges 
of the Pleas in the County of Somereot, to which sev- 
eral Nominations the Council assented. 

It appearing to the Board that George Brown Es- 
quire one of the Justices of the Peace in the County of 
Middlesex lias greatly misbehaved himself, and is un- 
worthy to be continued in the Commission of the 
Peace, His Excellency, with the Advice of the Coun- 
cil, was pleasetl to oi-dor that a Supersedeas do issue to 
the said George Brown. 

A Complaint being exhibited ag- Thomas Walker 
Esq!" One of the Justices of the Peace in the County of 
MidfUesex for marrying Persons without Licen<^e or 
Publication accoixling to Law, His Excellency was 
pleased to order the Depr Secretary to write to the 
said Thomas Walker, and give him Information of 
the said Comphiiut that he may have an Opportunity 
to answer it. His Excellency was pleased to la}' Iw 
foi-o the Boai-d a Petition from the Ovei'seers of the 
Poor of the Township of Amwell, and a Representa- 
tion from the Bench of JusticN?s in the County of Hun- 
terdon, relative to a Noli prosequi lately entered by 
the Attorney General, by His Excellency's Order, in 
the C'ourt of Quarter Sessions in the County of Hun- 
terdon, in an Action The King against Thomas Her- 
ber. And it apixjariug to the Boiini that His Excel 
lency had issuetl the said Order on the lieconmienda- 
tion of one of His Majesty's Council and the Attorney 
Genei-al and on gootl -Cause Ijeing Suggested, the 
Board was of Opinion that the same was properly is 
sueil by His Excellency; and that the said Order can- 
not now be revoked, the Noli pn»sequi having been 
entered in the said Court of Quarter Sessions at the 
last Term. His Excellency was pleased to lay lieforo 



1772 



AOMINLSTRATION OF OOVEKNOIl FUA^KMN'. 



353 




the Board the Report of the Attorney General, rela- 
tive to the Draught of a Charter referred to liini hy 
this Boai-d on the 6*f' of December last» for incorpomt- 
ing '*The New Jei*sey Society for the better Support 
*'and Education of the Widows and Children of de- 
** ceased Presbyterian Ministers in Communion with 
'• the present established Clnir<-li of Scotland '* — which 
Report is in the Words following — Viz? 

*' Jfa// it please your Kcceliency 

* ' I have with great Attention considered the 
Draught of the Charter for raising a Fund to sup- 
j)ort the Widows and Children of Freshytemn Min- 
istei-s, and humbly report to Your Excellency that 
several Points have occurred to me, which I con- 
ceive are of too much Impoi'tance to be decideil, hut 
by the highest Authority. 

" ^^ot to dwell upon the Objections which may arise 
fi-om the Extension to this Province of the several 
Arts of Uniformity passed before this became an 
Euglisli Colony, and the Consideration how far tliey 
may militate against the Establishment, aimed at 
by this Chaiter, I cann^it but remind Your Excel- 
lency of the Statute of the 5 Anne Cap, 5. (made 
preparatory to and declai^ to be a Fundamental of 
the Union between the Kingdoms of England and 
Scotland) entitled An Aci for secnrimj the Church 
of England as hy Law Estalylished^ It is among other 
Things thereby enacted that the Queens Successoi's at 
their Coi-onation should take an Oath to maintain and 
presence ininolabbj the said Settlement of the Church 
of England and the Ductrinf, Discipline and Govern • 
ijient thereof AH BV Law. established within the Kiny- 
doms of England and Ireland the Dominion of Wales^ 
the Town of Berwick upon Tweed and tite Tekbi- 
tories thereunto BELONGiNa. This Act is recited at 
large in the Act of Union, as also an Act of the Scotch 
23* 



354 



ADUIKISTUATION OF OOTERNOK PHAKKLIK, 



[1772 



Parliament for the Preservation of the Chuif-h of 
Scotland in that Kingdom only. 

*'It appears also to me a Matter of no small Concern, 
how far the Measiu*e may be expedient.— But wliether 
a grant of this (/harber is inconsistent with His Ma- 
jesty's Coronation Oath as tending towards an EhUUi- 
lishment repugnant to the Provisions in the said Act 
of C^ueen Anne — or whether in sound Pohcy the Priv- 
ilodges and Immunities [lotitioned for ought tf> l>e 
grantetl by this Government, should it be leijal ho in 
do, are Questions, which I conceive ai*e improjKjr for 
me either to determine or pass unnoticed, and the 
moi*e so because I unders(an<l that in a Report lately 
made to JEIis Majesty by the Lords (Jommittee of 
Council for Plantation Affaus, founded on a Report of 
the Ix>it1s Coniniissionei-s of Trade and Plantations re- 
specting a Petition tor an incorporation of the Presby- 
teria!i Miuistere Elders & Deacons & Trustees in New 
York referred to the Lords of Trade by His Majesty 
for tbeii* C^onsideration and Report,' it apiteai-s tliat tJie 
Question how far that Establishment could be ci-eated 
l>y His Majesty, consistent with his Coronation < »ath, 
was befoi-e the said Lords Cominissionei's, and tJiat 
they reported to the Lords of the Committee that they 
conceived this Question to be of too great Importance 
for them to decide upon, but that upon the fullest 
Consideration they were of Opinion, tliat independent 
of the Objection arising out of this Question, it was 
not expedient upon Principles of (ienerai F<dicy to 
comply with the Prayer of that Petition, or to grant 
them any other Pnviledges than they are intUled to 
by file Laws of Toh ration in wliich Sentiments the 
Iwonls of the C^tunnittee of Council agived, and i-e 



I Tills iwUtion rprc«^nt«d In 1700 uid rafuMNl in ITVT) wiw fv an iKKCpcmUlM 
" lj}- till* nnni'' anil dtil«> uf the Ministers Elcleni t>fJicong uul Tnuters of th« Fn«- 
^»3-^•rl«^» tlmrchof the ritr of New Tofk. oecardin^ to tlw WoaUnfavrtT mahaHion 
al F»itli. C!atM!huim. amJ tUrectocy. ftftreeAble U> Uw praaent eMabllMbed niurata of 
Scoiliiud." wlOi grnfrn) corpornle powvm-W. V. Cot. Doa., VXL. kw 7. i«4 



1773] ADinNISTUATION OP GOVERNOR FRAKKLIK. 



355 



ported to His Majesty that the said Petition ought to 
\)e distil iased, and His Majesty taking the same into 
Consideration was pleased with the Advice of His 
Privy C'onncil to aj>prove thei-eof and to dismiss the 
said Petition. 

** Upon the whole as a Report in favour of the pro- 
posed Charter, presupposes a Conviction on my Pai+ 
of the LegaUty and Propriety of it. and which under 
all the Circumstances I cannot presume to affirm, I 
thouglit it my Duty to offer these Suggestions to Your 
Excellency's Considemtion, conceiving it needless un- 
til I receive Your Excellency's further Comniauim to 
enter into a Oiscussitm of the Dnuight i-eferfetl to me, 
which is liahle in itself to many Ohjections. I am 
*' Youi* Excelleney's most ol>edient 
humble Servant 

*'Jan^25, 1772. Cort'? Sklnnrr'' 

The Council having taken the said Report into Con 
siderafand delilwrated thereon, are of Opinion, That 
if the said Charter shall he so drawn as to l>e unex- 
ceptionable in Point of Form, and shall be confined 
solely to the Pin[)ose of the Charitable Institution 
therein mentioned, and the said Corporation made 
accountable to this Board for the Monies they shall 
i-eceive and pay by virtue of the said Charter, then and 
in such Case His Excellency may with Propriety order 
the Great Seal to be affixe<l to the said Charter, with- 
out refeiing the same to tlie Consideration of His Maj- 
esty's Ministers as advised by the Attorney General, 
it appearing to the Council, that the Reference made 
to the Board of Trade from the Governor of New 
York, relative to a Charter for a Presbyterian Congre- 
gation in that Province, is by no Means similar to the 
Case now in Question.' 



* ViidfT <la«» of June 9. 1779, the Earl of Dartmouth wro4e Oovemor Fmnklin 
Hli Uif> |)fftUI<m of Uie Prtitliytnritui MiiilHltii-s iif New JiTHcy for a cti;Art«r u above 
Kd be(*D full}- oookidered, mwi Uti- Kln^ conitento't tliat i be Colony seal be afflxed 



356 



ADMINISTRATION OP OOVBRNOR PRANKLty. [1772 



His Exc^iUeucy was pleased to inform the Boani 
that, at the Close of the late Session of General Assem- 
bly, the House of Representatives had i*e<juested that 
they might he dissolved, —and to ask the Advice of the 
Council whether it would be proper to comply with 
the said Request or not i The Council, taking the 
same into Consideration, advised His Excellency to 
dissolve the present General Assembly. \\liereuix)n 
His Excellency was pleased to issue a Pi-oclamation 
in the Woi-ds following— Viz' 

By HLs Excellency Wiluam Franklin Esquire, 
Captain CJeneral, G<:)vernor and Commander 
in Chief in and <wer the Pro\'ince of New 
Jersey and Territories thert»on depending 
in America Chancellor and Vice Admu*al 
in the same, &c 

A Proclamation- 

Whekkah His Majesty hath been graciously pleased 
to give His Royal Assent to an Act of the Legislatuie 
of this Province, piussedat Perth Anilx)y in the Eighth 
Year of His Majesty's Reigu, intitled *' An Act for 
chot^sing Representatives in the County of Morris, 
Cumlw^rland and Sussex, and directing the Morris 
County Taxes to be paid into the Eastei-n Treasuty of 
this Colony/* whereby the Inhabitants of each of the 
said Counties of Morris, Cumberland and Sussex are 
intitled and impowei-ed to choose two Representatives 
to servo in the General Assembly of tliis Colony: A>'1> 
WHKRE.VS the Election of tho Representatives for the 
said thi-ee Counties, pursuant to the said Act, cannot 
be had until after the Dissolution of the present Gen- 



loll.— .V. J Anatjfttrnt tmiejr. 4ii. Tile cbiuter w*i M<conlUurtr ■nuUM Dwwro- 
her-^. im; it U rvconUHl in Ulwr AB of OuiiunlaBiaas In Uie Sccraury u( bUtv'a 
«mce, Trenton, fol. IM.-tW. N.J 



1773] ADMlXlSTRATtON OF G0V?:RX0R FRANKLIN. 



367 



eral Assembly: T have therefork thought fit, by and 
with the Advice and Consent of His Majesty's Coun- 
cil, to dissolve the present Qenei-al Assembly of this 
Pr-ovince of New Jersey, and the said General Assem- 
bly is hereby dissolved: of which all Persons concemt'd 
are to take Notice and govern themselves acconlingly. 
Given under my Hand and Seal at Arms in the City 
of BiH'linj^ou the tw^enty first day of February in the 
twelfth Year of the Reign of Geoige the third by the 
Grace of God of Great Britain France ajid Ireland King 
Defender of the Faith Ac" Auno Domini 1772. 

VV^ FllANKLlN 

By His Excellency's Command 

Cha. PETTrr D Soc- 

God save the King. 



His Excellency was pleased to Sign the following 
Warranto Oi'deiing the Treasni'ers, or eitlior of them 
to pay 

N^ 562. To His Excellency the Governor 
or Order for one Quar-ters Sal- 
ary due this Day .€3oo. — . — 

563 To the same for one Quarters 

House Rent 15. — . — 

5«4 To theHonl>le Charles Read Esq. 
second Justice of the Supi-cme 
Court for one Quarters Salai7 18. lo. - 

605 To the Hon'ble John Benien Esq. 
thinl Justice of the Supreme 
Court for one Quarters Salaiy lii. lo. — 

566 To Samuel Smith Esq: one of the 

Treasurers for One Quaitei*s 

Salary !»». — . — 

567 To St**phen Skinner Esq' One of 

the Treasui'ers for One Quar- 
ters Salary lo, — . — 




358 



ADU1N1STU4TI0X OF noVERNOU FBAXKUN, 



[im 



568 



501* 



570 



571 



572 



7. 10. — 



7. 10. 



2. 10. 



573 



574 



575 



To Cortland Skinner Esq' Attor- 
ney Greneral for One Quarters 
Salary 

To Charles Petitt Esqr Dep' Clerk 
of the Council for One Quar- 
ters Salary 

To Charles Petitt Esq^ DepJ^ Clerk 
of the Circuits for One Quar- 
ter Salary 5 

To John Caity Doorkeeper to the 
Council for One Quai-ters Sal- 
ary 

To Isaac Collins Esq. for piinting 
the Laws & Votes of the lost 
Session of General Assembly 
and other Services, agreeably 
to tbe Ceilificate of Abraham 
Hewlings & Henr}' Paxson 
KHquires 

To Richard Smith EsqT for Copy- 
ing the I^ws & Votes for the 
last Session for the Printer 
and for I'ocoi'ding the Votes of 
the House of Assembly in their 
Join-nal 18 

To Charles Petitt Esq. for a Copy 
of the l^iws passeil at the last 
Session, to send to England . 

To Thomas Wetherill Sergeant 
at Arms to the House of As- 
sembly for fourteen Days At- 
tendance in April and May and 
thiity two Days at the Session 
in November and December 

last 

A time Copy 

Cha. Petttt D Cik 



153. 15. 3 



15. (S, 8 



0. 18, — 



ADHTXI8TRATI0N OF UOVHRNOR FRANKLIN. 



359 



(M^ Skinner (the Attorney General) his 'J*! Re- 
i jK)rt on the proposed Charter for incorpo- 
rating the Presbyt^^rian Mhiisters in New 
I Jerse}'. 
[Note his rtrrt Report b> coiiialnM In thr Nfnutw of PrtTy Council Fob'* 91. 1779.] 

In Obedience to your Excellency's Commands I have 
again Considei-ed the Draft of the Charter for incor[»- 
orating certain Persona and enabhng tliem to raise a 
fund for supporting the Widows and Educating the 
Childi-en of Presbyterian Ministers, and propose the 
following Amendnientfl and additions. — In the the Sec- 
ond Line, instead of Presbyferian Clergy, say, Presby- 
terian Minisiers or I'efwhers and so tliruughout the 
H[whole Charter. The King in his Grant can't know, 
nor with Propriety call, any Men Cferrff/ men but those 
of the EstahUshed Chuirh of England, at least in Eng- 
land, Ireland, and these ( ■olonics. In Acts of Parlia- 
nient the Ministei's of DisstMiting Congregations ai*e 
stiled Ministers, or Teachers, never Clerg>'men, for 
which I refer to every Statute in which they are 
named, and if it is j>o8Hible to iimdnce a Cliarter to 
them 1 dai^ say they have not the satno Stile with the 
Clergy of the Established Church. How far they ai-e 
Hin C'ommunion witli the ("hnix^h of Scotland, I do not 
"know but if the Matter was inquired into I am of 
Opinion tliat they are not in full Coninuinion and 

Pherefoi*e the woitls **/» Commuuron 'ii-iih the present 
Cstablisheil Church of Scotiand.^^ should l>e oniitte<l. 
To prevent tlie misapplication of the fund 1 have 
drawn two Clauses, to be inserted in the Charter, by 
the 

1" I intend to make them render Annual Accounts 
and subject their Bf)ok8 Ac? to inspection if necessaiy, 
and by the 

-.i*! That their Charters shall Iw void upon such mis- 
application. 




360 



ADMINIHTKATION 09 OOVBKNOR PIUN&LIX. [1772 



These are necessary in my Opinion, because 

V> In Gi*ants of this Kind even to the Profcssoi*s of 

the Church by Law Established they are inserted. 

2**- Because I am ci-edibly informed, and l>elieve it 

to be true, that in a Neighbouring Government, a Cor- 

ix)rati(>n of the Hke sort apply part of the Income of 

their Funds often in paying Salaries to Teachei-s in 

several parts of the Continent where New Settlements 

aj-e made: Which if they can justify from the Powers 

given in that Charter, yet seems to me to be against 

the Intention of the Grant, iind ought to be Guarded 

against in this, for fi-om such Practices an Estabhsh- 

ment will be formed for their Teachers not int^anded 

by Government. 

CoRT^ Skinxer 

Two Clauses proposed by the Attorney General to 
be a4lded to the Presbyterian Charter And Lttstlt/, 
Tliat the fund nor any part of the Yearly Increase 
arising therefrom may be applied to any other Use 
than that hereby intended. We do foi- us our Heirs 
& Successors, Ordain Order and Direct that the Ac- 
coimts and Transactions of the said Corjwration le- 
gally and properly vouched and x\uthenticated shall 
Yearly be laid befoi-e his Excellency the Governor and 
our Council of New Jersey, or the Governor or Com- 
mander in Chief and the Council for the time being of 
our said Province of New Jersey, or such Person and 
Persons as they may from time to time apjwint in 
our said Province in order that our said Governor or 
Commander in Chief and Council or such Pei-son and 
Persons by them appointed as afores'' may ratify and 
confirm the said Accounts, or subject them to such 
revisal. Checks, & Contirmation as may be by them 
thought just and reasonable. And that the Books, 
Joui-nals, Accounts, and Transactions of the said Cor- 
poration shall whenever the same shall be judged nec- 
essary be 0]ien to the Inspection of our Govemoi* or 




1773] ADMINI8THATI0N OF OOVKRXOR FRANKLIN. 3fil 

C'oramander in Chief of our said Colony for the time 
l>eing, or such Pei>M:)D or Pernons as sliall be from time 
to time for that puqtosc ap|>oint^>d. And we do here- 
by fui'ther for us our Heirs aiid Successors Ordain, 
Onler and Dii*ect that in Case the said fund or any 
part thereof shall he appliorf at any time to other use 
or uses than that heivliy meant and intcndtnl, that 
then and in such Case these our Letters Patent and 
every Article, Clause and thin^ tlierein Contained, 
shall cease, determine, and be void, Anything to the 
('ontrai7 Notwithstanding. 

The Inclosui*e N. »». (viz- Dra' of Charter dfec. was 
sent to the Plantation Office, & not returned from 
theuce. 



Letter from the Earl of IliUsboromjh to Gov. FnniTc- 
//», relative to the. Dispnle with the A^scntblif, 
anfl informing him that the King Had granted an 
adttinaie salary to the Chief -Justice. 



m 



IFrhh p. R. O. AJncrtca an<l WcAt \m\ies. Vol. ITtt (IMI.I 

Whitehall June t;'.*' 1772 
Govf Franklin. 



Sir, 

I have received your lettei-s N? :i7. & 38. and have 
laid them ht-fore tlio King. Your letter N" .3s states 
fix'sh Controvei'sy with the Assembly concerning their 
Privileges in maltei-K of Election, and T should have 
communicated that letter to the Board of Trade for 
their Opinion upon it had not the ground of Contro- 
vt^rsy been, as I conceive, ix-moved by the Resolution 
which you inform me the House came to of admitting 
the Member elected, in pursuance of your Writ, if the 
Assembly Iiad not l>et?u dissolvetl in order to a new 
Election. I have the pleasui*e to acqmiint you that 
the King has been graciously pleased to give an ade- 




362 



ADMINieXRATION OF OOVERNOR FRANKLXN. 



[177: 



quate Salary to the Chief Justice of New Jersey. I 
hope this Mai-k of His Majesty's Attention to the Dig- 
nity (So Intl»3|»entlt^nce of that Officer will give great 
Satisfaction, & as it is His Majesty's Pleasure that he 
should no longer accept any Allowance from the As- 
sembly, the Province will Ik* mlieved from any further 
Expenc© on account of that E^t^hlisraent. ' 

I am »fecl* 

Hillsborough 



Letter from John Carey to Cortlandt Skinner^ rela- 
tive to objections made to his actiuy as Attorney- 
General in the Courts of Salem and Cumberland 
Counties. 

fFrotn Skinner Pnpcre amonK MAniiscriptB of W A. Wfaitrhejid, Vol. 11, No. 1ft.) 

Salem June 12, 1772 
Dear Sir 

T liave pi*est'ntt*d the Depiitalion.s and T-etters with 
which yuu favored me to the Magistrates of Salem and 
Cumberland, but I found that Mr. Trenchard had such 
ati Interest and was so nearly conntK;ted with the mem- 
bei-s of botli Courts that little regard seemed t^ be paid 
to your power of appointing a Deputy; and the follow- 
ing Answer has b^en given nw by Each of the differ- 
ent Courts : ** Untill the Atty General can convince 
us that the Law has Ini powered him to make a Dep- 
uty, We shall continue to consider nureelves as In- 
titled to the appointmetit in his Absence, and shall 
Support the officer wlio, foi* some years i>ast. has done 
the business of the Crown by our direction." Upon 
which I took the libei'ty to tell the Coui-t that. Altho' 
the power of an Atty Genenil of appointing a Dejmty 
should by them be thought controvertible, yet sin*ely 



1 8w N. J. AKtilrw, IX.. aa, not*. 



1772] 



ADMIN I8TKATI0N OP OOVERNOK FRANKLIN. 



363 



they had no power fco deprive him of those Fees to 
which by Law he was justly Intitled, aud that with 
regfird to this matter, you considei-ed yom^elf iis In- 
jured in that Mr. Twrnchai-d, whom the Court had 
thought proper to continue in his appointment, had 
not thought fit to account to you for any part of the 
Fees which were legally your due, nor even to appear to 
know that there was such a Person in the Province as 
His Majesty's Attorney General. To this Mr. Trench- 
ard made Answer, that ''it was true He had not ac- 
counted to the Atty General, nor did lie look on him- 
self as under a necessity of doing it, Especially as the 
Atty General by Issuing Nolle Prosequis uKliscrim- 
inately was, He was well assui*ed, a much gi'eater 
gainer, than if the regular Foes had been duly paid 
him.'' I told him in Reply and referred him to Coke 
Lit. l^n. h. and Salk. ^1, pg. 11, tiiat you wa.s per- 
fectly Justified in doing this; as ho must know that 
the Crown hatl vested the Atty General alone with 
that uncontrollable power, for very wise and good 
pu^x^ses, as the cmly Officer to Execute that part of 
the Prerogative; and that you was more Especially 
Justified as you considered him in some measure as 
an Usurper of your Pnviledges. I then requested 
that a minute might be made of my having presented 
such Deputation, and of tlip reasons the Court had 
thtfught fit U) A.Hsign for not admitting of it. But this 
both Courts refused, lest, as they said, it should be 
dnnvn into a precedent. I have examined th*' Min- 
utes of both Courts for some time past, and find in 
some Terms from 8 to 13 Indictments found in this 
County, and 4 to S in that of Cumberland. On an 
agregate upwards of Forty Indictments a year are 
found in the two Counties; and from this you may 
Judge of the advantages Treuchard receives from the 
Court's ap{K)intment. I have done this that you 
might, if you thought proper, take the necessaiy steps 




i 



\DMIXI3TBATION OP OOVERNOK PRAN'RLIN. 



i?:2 



to do yourpelf Justice. T find by tlie report of tho 
People that Mr. Trenchard has governed himself a lit- 
tle despotically, and which they attribute to his h<»ld 
ing all the lucrative offices, and not having had an 
Competitor. Be^des his business as an Att^imoy He 
actfi as Atty General for the two Counties, Surrogate 
General for this County, and as a Justice of the Petice. 
So that in one capacity or the other, 'He has had it iu 
his power to deal out his several degrees of authority 
in almost an unUmited manner. He looks on me with 
a jealous Eye, and indeeil, from what I can learn at 
present from the Complaints of his Neighbours, sev- 
eral of whom have already \nii their Business in my 
hands he is not likely to Increase his business much 
by my setling in this Town. I find on the whole that 
my fixing here is not looked on by the People as a dis- 
agreeable Event, and if thro' your Influence or that of 
any of my Friends I should get the prosecution of the 
Pleas of the Crown, and tiie (^tti<t? of Surrogate for 
this County, I shall have hopes tif procuring a decent 
Snlisistence, but without some help of this Kind I fear 
the practice alone will prove but a very scanty one. 
The whole Business of the two Courts does not exceed 
Fifty Seals Each Term and this is Divided between 
Sis Attoniey*. I must therefore bt»g the fav4»r c»f 
your Interposition, and that you will assume that I 
am with the most |)eifect esteem and sincerity my D' Sir 
Your much obliged and 

most obed' serv' 

John Cahey. 



'M 



177SJ AnMlXIStRATION OP UOVKRKOR I^HANKLIN. 



dC5 



Ceport of Eh hard Jackson, Esq,, dated July -i, 1773, 
on tweniy-fire ads parsed in the Frorince of New 
Jersey in December^ 1771. 

rFVom p. a O. B. T., New JerBej. Vol. 10; L. 9Bl] 

To the Right Honourable the Lords Commis- 
sioners for Tra^le and Plantations. 

May it please your Lordships, 

In humble obedience to your Lordsliip^ Coinniaiuls 
lignified to me by W Powuall I have £*ei*use(l and 
Considered Twenty four Acts ])assed by the Governor 
Council and Aasenibly of his Majestys Colony of New 
Jersey in December 1771, Intituled, 

** An Act for the supjioi-t of Goveninient of his Muj- 

•• estys Colony of New Jersey to commence the first 

** day of October 1 77 1 and to end the first day of Octo- 

^**1>er 1772. And to dischai'ge the Publick Del)ts and 

^■^ contingent Charges thereof." 

^H •* An Act to continue and amend an Acts Tntitled 
^V* An Act for better Settling and regulating the Militia 
** of this Colony of New Jersey, for the Hepflling Inva- 
k^ sioa'* and Suppivssing Insun-ections and Rebellions." 
^H ** An Act for defraying Incidental Charges.'' 
^B '* An Act for tlie speedy Recoveinng of Debts from 
^^* six pounds to ten ]X)unds in the Inferior Courts of 
Common Pleas of tliis Colony for small Fees/' 
" An Act to enforce the payment of several old 
arivai-s due to tlie Trejisury of New Jersey.'* 
*'^An Act for the Preservation of Deer and other 
Game, and to pn^vent trespassing with Guns.'^ 
"An Act declanng the River Delaware a Coninion 
Highway and for Improving the Navigation in the 
said Rivei\" 



dOQ 



ADMINISTRATION OP GOTERNOA FRAKKUX. [177*2 



** An Act to revive and continue two Acts therein 
mentioned." 

** An Act to grant further allowance to the several 
** Sheriffs of this Colony for the SiihsiHtance of I'ris 
" oners confined for Felony and other Crimes/' 

** A Supplementary Act to the Act, intitle<l an Act 
*' for preventing the Waste of Timber Pine and Cetler 
'* Trees and Poles within the province of New Jersey, 
" And to lay a Duty uiwn all Pipe and IIogHhi.'a*l 
** Staves exported out of the same to any of the Neigh- 
** homing Colonies." 

" An Act to extend the Juiiadiction of the several 
*' Counties in this Colony which are divided by Rivei*s, 
'* Ci'eeks and Bays." 

" An Act for the Relief of Insolvent Debtors/" 

** An Act to enable and direct the Justices and tYee- 
^'holdei-s of the County of Hunterdeu to niise the 
"sum of Fifty pounds, and tlie Justices and Free- 
'*holdei-s of the County of Suss<'X to nuse the like 
'' sum of fifty pounds^ to be appUed towards Conipleat- 
*' ing a Bridge across Musconeteuny' Creek near Rob- 
"ert Johnstons Mills." 

**An Act to impower certain pei-sons therein named, 
" to mise a Sinn of Money by Subscription or by Tax- 
"ation, to rebuild and keep in i(»pair the Bridge over 
**Kariton River netu* Bound Brook, known by the 
*' Name of Queens Bridge." 

*'An Act to rebudd and here^ter to repair and 
** amend the Bridge over the Stoney Brook near 
" Worth's Mills." 

** An Act for the Regulation of the liates to he de 
*'manded and received at the Ferries, on the North 
** and South Sides of RiiriU>n River within the Corf)- 
" oration of Perth Amboy." 

** An Act to impovver the Inhabitants of the town- 



Qaety : BiMKXKHrteuntf. 



I77i] ADHINtiTTKATION OF QOVRRKOR FBANKLIK. 



Wi 



** ship of Deptford in the County of Gloucester, to re- 
'' pair theii* Public Highways by Hire and raise Money 
" for that puii)ose." 

''An Act to enable the Owners and Possessoi's of 
'* the Meadows lying on the Southerly Branch of New- 
'' tan Ci'eek conunouly called the Fork t'l-eek in the 
•* County of Gloucester to repair and maiutain a Bank, 
•' Dam and Water Works heretofore ei-ected and made 
•'across the said Southerly Bmach of Newton Creek, 
'* and to keep the Water C'oui-se of the said Ci-eek open 
*'and cle^ir." 

^'' An Act to enable the proprietors and possessors of 
'*the Meadows and Swamps lying on Pinch Ditch, 
"Black Brook, and part of Whiponong River in the 
*' County of Morris, to clear deepen and dig ditches for 
**the more effectual draining the said Meadows and 
" Swamps and for othei purposes therein mentioned." 

*' An Act for the more Effectual Maintaining and 
" keeping above the Flow of the Tido, tliat |>ai't of the 
*' Road or Causeway between the Toll Bridge over 
" Newton Creek and the Fast Land of Kesiah Tonkin." 

** An Act to enable sundry of the Owner's and Pos- 
" sessore of Meadows and Tide Marsh lying on Elng- 
"lish's Creek in tht.' County of Bmiington to erect 
"and maintain a Bank, Dam and other Water Works 
"across the said Creek in Order to pi-event the Tide 
'* from Overflowing the same." 

" A Supplementary Act to the Act intitled an Act to 
"enable the Owners of the Meadows and Marshes be- 
*' longing to the town of Salem, to keep out the Tide 
"from Overflowing the same." 

** An Act for the Relief of Thomas Tindal and James 
" Clark the Youtiger, and for other purposes therein 
''mentioned." 

" An Act for the Relief of Jolin Biidd of Salem." 

And I am humbly of Opinion, that the said Acts are 
proper in Point of Law. 



368 



AOHlNISTRATIOli OP OOrERVOK FRANKLIK. 



[177-i 



I have also perused and considered an Act passed in 
New Jersey in the same Year 1771, Intitled, 

'* An Act to enable Ci^editors more easily to recover 
'* their Debts from Joint Pai-tners within the Colony 
*'of New Jei-sey." 

This Act appears to me not fit to continue in force, 
l>ecause an absent Pei-son, may iiuiler it be unjustly 
Charged as Partner; together with a Person who truly 
owes a debt, and makes a fair defence, or perhaps owes 
nothing, but collusively with the Plaintiff may jjermit 
Judgment to go against himself and thp absent Per- 
son, who is not in truth a Partner with him. It is 
essential to Justice that no Judicial Determination 
shall affect any Man who has not an opportunity <»f 
making a Defence, it is evident that there is no one in 
the Case above stated, befoi'e the Court, interest* 
to pi'ove that the Partnership dix»s or did nf»t exist 
that the absent person made liable by this Act of As 
semhly may ]H?rha|>M have nu unjn?^t Judgment ent^rf'<l 
against him, against which he might have made a 
SucceSvSful defence by proving himself no Partner, in 
case he had ha<i an op])ortunity so to do; 1 then^foiv 
humbly lieg leave to advise Your Loitlships to )m>- 
|Xise that tlie said Act be rei)ealer], to the Phid that the 
Remedy intended by it may be attaine^^l without the 
Mischief that may frequently hap|MM\ luider the L;iw 
established by this Act. 

Which is humbly Submitted by 

My Lords, Your LKU-dsliips Most Obedient 
most Humble Sei vant, 

R Jackson 



1772] ADMINISTRATION OF t;OVEH?K)H FKAXKUN. 



369 



Report of Richard Jackson, Esq,^ on a claim of ike 
Assembh/ of New Jersey to order the issuing of a 
mrilfor the election of a netv member in the room 
of Afr. Oyden^ who had resigned his seat. 

[From P. R. O., B. T. New Jersey. Vol. 10. L. 10.1 

15 July 1772. 
3fy T^rds, 

In Obetlieuce to your Lonlships Oi-der Signified to 
me by M' Pownall in Ins Letter of the IS*** of Dec* last, 
inclosing an Extract of a Letter from Governoi* Frank- 
lin to y* Earl of Hillsborout^h & also the Minutes of 
the Assembly of tlie Province of New Jersey. 1 have 
taken the said Letter and Minutes into my Considera- 
tion; by which it appeai-s that the Assembly have set 
up a Claim to order the issuing of a Writ* for the Elec- 
tion of a new Member, to serve iji that House for the 
County of Essex in that Province in the Room of M' 
Ogden who bad resigned his Seat. 

And I am humbly of Opinion, that the said Claim is 
illegal, unconstitutional, & altogether unwarranted by 
any approved Usage or Practice in Gi-eat Britain or 
any of her Colonys &, I appreliend that notwithstand- 
ing the Resignation of M' Ogden, his seat continues 
full, & that y" Order founded upon his Resignation is 
void l)ecause it issued improvidently which is humbly 
submitted by 

My Lords Y' Loixlships most Obed* 
& most hble Serv* 
R Jackson 

24 



370 



AUMlNiHTRATiofif of^ cK»y£KNOU prantklin. [177:2 



Draff of a Clause to he. infierted in ihe insirnctions to 
Oove.rnors in Aniericay giviny litem <ts Chancel- 
lors the power to issue commissions for the can' 
and custody of idiots and lunatics. 

fTrom P. R. O. B. T. I'Iant*Hona Offneral. Vol.tf. ji. «».] 

WniTEHALL July 2», 1772 

To Lord William Caxnplx^ll, Gk)vemor of Nova 

S(X)tia 

My f^rrd^ 

The King having been pleased, with the Advice of 
His Privy Council, to signify to Us His Majesty's 
Pleasure, that We sliould, in all future draughts of 
Coniniiasions for Governors in the Plantations, insert 
a Clause, giving them, as Chancellors, the necessary 
Powei-s to issue Commissions for the Care and Cus- 
tody of Ideota and Liuiaticks, agi-eable to the usage 
and practice in this Kingdom; inclosed We send you 
the Draught of such a Clause, as We have prepared 
for that purpose, desiring to be informed, whether 
there is any, or, if any. what objection (founded on 
any provisions, which may have been already made 
by Law for those Purposes,) to the inserting 8uo!i 
Clause in any futui-e Cuniniission for the Governor of 
Nova Scotia, 

We are, My Loi^ds, Your Loi*dship's 

most obedient hum: Ser^ 

HlLLSBOROlTOH 

Ed: Euot. 
Bambek Gascoyne. 



ADMlXlaXKATION OF GOVERNOR PRASSLIK. 



371 



Draught of a Clause proposed to be inserted in 
the Commissions for Gk)vemoi's of His Ma- 
jesty's Plantations in America. 

And Whereas it l>e]oiigeth to Us. in Right of Our 
Royal Prerogative to have the Custody of Ideote, and 
their Estates, and to take the Pi-ofits there<jf to our 
own use, finding them necessaries; and also to provide 
for the Custody of Luuaticks, and their Estates, with- 
out taking the Profits thei*eof to Our own use; And 
Whereas, while such Ideots, and Lunaticks, and their 
Estates i^maiji under Our immediate Care, great 
trouble and charges may arise to such, as shall have 
occasion to resoil; imto Us for directions respecting 
such Ideots and Lunaticks, and their Estates; and cx>n- 
sidering, that Write of Inquiry of Ideots and Luna- 
ticks ai-e to issue out of Our several Courts of Chan- 
cery, as well in Our Provinces in America, as within 
this Our Kingdom respectively, and the Inquisitions, 
thereupon taken are returnable in those Courts; We 
have thought fit to instrust you with the Care and 
Commitment of the Custody of the said Ideots, and 
Lunaticks, and their Estiites; And We do by these 
Pi'esents give and grant unto You full Power and 
Authority, without expecting any further special 
Warrant fmm Us, from time to time to give Order 
and Warrant for the pi-eparing of Grants of the Cus- 
todies of such Ideots and Lunaticks, and their Estates, 
as are, or shall be found by Inquisitions thereof taken, 
or to be taken and returnable into Our Coui't of Chan- 
cery; and thereupon to make, and pass Grants and 
Commitments^ under Our Great Seal of Our Province 
of Nova Scotia, of the Custodies of all and every such 
Ideots and Lunaticks, and their Estates, to such Per- 
son or Persons, Suitoi-s in that Imhalf, as according to 
the Rules of Law. and and the use and pi-actice in 
those and the like Cases, you shall judge meet for 



378 administhation op governor fkanklin. [17t3 

that Trust, The said Grants and Comraitments to be 
made in such manner and form, or as nearly as may 
l)e, as hath been heretofore used and accustomed in 
making the same under the Great Seal of Gi-eat Brit- 
ain, and to contain such apt and convenient Covenants, 
Pi-ovisions and Agi^eemcnts on the part of the Com- 
mittees and Grantees to l>e performed, and such Se- 
curity to be by them given, as shall be requisite and 
needful. 



Commission of DaHd Ogden as Supretne Court Jus- 
tice. 

IFroin Ubcr AB of CommliBdonji. In Swrretary of SUJo's Trfllw, ai Tmoiun, fal. 111.] 

George the Thii-d by the Grace of God of QveaX 
Britain France and Ireland King Defender of the 
Faith ifec. To our Tnisty and well>eloved David Og- 
den' Esq. Gi*ecting We reposing si>edal Trust and Con- 



■ Datid OaDKM, the oldeat Km of CoL Joaloh Ostlen, of Newark tthlrd Km of Dar 
Ttd Otcdon. of Ellubetbtown— «m KewarlE Bl-Ceotenntal. I4fl). wm bom about 17DT. 
woBKnulufttod from Yale Oolloee In 1 7%, Miandlnfr wrand In arUiMor twetvetYala 
Tricnuial). studied law ta New York, and rutuntinf; to New Jvrwy, by hl» abUlUei 
and untiriiif; Indiistrr In ib'* coar»f of tIiD>* (tcood at the bead at Uie bar of bis ba- 
tlvr Blau-. " Solid. raU)i*r than biilUout; mdrv difdlngulahed for accuracy of Jitdi^ 
meat Lhjui fertility o( luvvutloo. and Cor cleinicsH ot apprcboDilon Ihao for guide- 
BMi of pcco o ptfop; of deep Icamloe; of UmKrnictlce;«nd of nnaullled IntocHljr; 
be aa u ned to oomblne every property requbdU! for a Judire." Upon Ibe beclunls^ 
of bostiliiios with Oreat BrllalD be Ml Newark, and uwk nslUet' with the Brltlih ia 
New Yurk, wh«'re hf npmalufd during the War, becominK a memlipr uf the Board 
of Befugcaa, oatabUtbed la 1770. In a lettar from bis aoo. lanao Oicdeji talao a law* 
ypr, who accompanied hla Father to New York), of February 0, iTTV, lo Joaepli Oal- 
ioway, besayi: "Tlie State ot New Jeniey have aj^aln CaJcen tbe lead, la prnmiagu 
Law declariuj; all ri.Tsona from that ProTli>c« under the Protection of tba tOag'B 
Troop*. Ouilty of Uiah TVeojon £ their Eatatea forfulled. In Conaaqueaoe uf tUa 
I:Aw my Father and Myself, with many otben have bad Judgmmta enterM acalnat 
u«, & our Eatatea dMjlored forfeited. & our Real Eatatea advertiaed for aalo on the 
flTHt of March. Tills Is do mor« than I Exp4>c-ti^. & la of Ititle Mum<*Ql or Uu- 
portaoi'o, an wltliont Ihr KvKUiralion of UoTemm<*nt I could nerer Expect to E&)oy 
it."— Nrlfm UanuMTiptM, After tbe peace Judffe Oifden went to England, wbvrr 
lio nH.f Jrt^l comiwniutlon for the conAacatlon of his property. In 1700 he retiirm*d 
to ibr United States, taking up bU reiddenoe at Jamaica, Lob^ Uand, wbetv hta 
bruthtr. l>r. Jacob Ojedcn. bod loniff lived (M»e "Antlguitlea of Orace (.'hutxA. 
JatiuUca "). There be dkd bi IKK), at the ai^ of OS The fuUeitt sketoh of him life 
la to be found in FleM'i '* Provincial t'ourta ot New Jeraey;" the blofrrapJiy in 
BaUne^s "LoyalMa" la oondeaaed from the mme acoocmt.— [ W. N.) 



1772] ADMINISTIUTION OF r.OVKRNOB PBANKUN. 



373 



fidence in your Integinty Loamiug and Ability have 
assigned constituted and appointed And We do by 
these presents assign constitute and ap]ioint you tlio 
said David Ogden Esq. to be one of the Justices of our 
Supreme Coiu't of Judicature for our Province of New 
Jersey in America: Giving and by these presents 
Granting unto you full power and Authority to hear, 
tiy, and determine all Pleas whatsoever Civil or Crim- 
inal & mixed, accoi*ding to the Laws Statutes and 
Customs of Great Britain, and the Laws and LTsages 
of our said Province not being repugnant thenuinto 
and Execution of all Judgnaents of the said Court to 
award and make such Rules and Orders for tlie Bene- 
fit of the said ])n:)vince as may be found Convenient 
and useful! and as near as may be agi'eeable to the 
Rules 4& Ordei-8 of our Court of Kings Bench, Com- 
mon Pleas, and Exchequer in Great Britain 3b have 
and to hold the said Office or Place of one of our Jus- 
tices of our Supi-eme Court of our said Province of 
New Jersey with all and singular the Rights privi- 
ledges Profits Salaries Fees and Peitjuisites to the said 
Place belonging unto you the said David Ogden for 
and during our Will and pleasure' 

III testimony whereof We have Caused the Great 
Seal of our said Province of New Jersey to be hereun- 
to Affixed 

Witncis our Trusty and welbeloved William Frank- 
lin Esq. Captain General Governor and Connnander 
in Chief in and over the Province of New Jersey and 
Territories thereon de[)ending in Amenca, Chanct^llor 
and Vice Admiral in the same &c. at Burlingtt)n the 
Eighteenth day of May Anno Domini 17Tti. 

Pettit. 



8ee V, J. Archirefl, UL. 3SS, aot«. 



ADMINI3TUATI0N OF OOVKRNOE FRANKLIN. [1773 



Ijeikrfrovi the Earl of Hillsborotigh to Gov. Frank- 
lin^ I'elative to the Claim of the Assembly of New 
Jersey to order the issuing of a writ for the elec- 
tion of a new member for the County of Essex, 

(From P. R. O. Americ* uid We«t liidtoft. Vol. 170 OM).] 

M^HITEHALL 7'? August 1772, 

GJovf of New Jersey. 

Sir, 

The Lords Commissioners for Trade and Plantations 
having made their Representation to His Majesty up- 
on the claim of the Commons House of Assembly of 
the Province <if New Jei-sey to oi*der the issuing a 
Writ for the Election of a new Member to serve in 
that House for the County of Essex, in the Room of 
M- C)gden who had resigned! Ids Seat; 1 am com- 
niauded by the Khig to acquaint you, that his Majesty 
considers the said claim as illegal unconstitutional & 
alti)gether unwan-anted by any approved Usage or 
Practice in Great Britain or any of her Colonies; & 
that notwithstaudiug the Resignation of M' Ogden. 
his Si^-at a:)ntinues full, and the order. Founded u]>on 
his Resignation, is void, Ix^cause it issued improvi- 
dently. It is therefore His Majesty's Pleasure that 
you do not i)frmit tlio Seal of the Colony to 1k> affixed 
to any Writ that shall be issued upon the Ground of 

such a claim. 

1 am &C-* 

Hillsborough. 

P, S. 1 have opened my Letter to acquaint you, 
that I have this Moment rei'* your nispat4'Ju»s N? 4(i & 
41, and shall uot fail to lay them befox'e the King. 



ADMINISTRATION OF OOVKRNOR FKANKUX. 



375 



^Letter from the Earl of Dartmouth to Gov. Franklin, 
relative to the plundering and burning of the 
Oas^it'e Schooner in tlte Rimr of Narrayan.tet. 

OProm p. & O. America and West Indlen, Vol. 170 MMV] 

WmTEHALL 41' SeptT 1TT2 
Gk)vemor of New Jersey 

Sir, 

The inclosed papers will fully inform yon of the 
Measures that have been judged necessary to he taken 
u|>on the inforraatiunH that have been receivetl of the 
daring Insult offered to Hih Majesty's Commission in 
the plundering & burning the Gaspee Schooner in tlie 
River of Narraganset witliin the Colony of Rhode Is- 

Id. 

In Consequence of the Commission' which has l>een 



t TUa Oimmifloioa Is glv«D In full in the Reconln of Lhp Colony of rUioitf> iHlanil, 
|M|»e l(M, mail \» directed to Joseph WbftrtOD. OoTeraor of Rhwle Islau'l. Daniel 
HtiRunanden. Ctifef-JtntJce of New Yorfc. Frwierick Bmyth, ChJef-Jiiatiw of Now 
Jvnej. Peter 01lvi*r. IThlef-Jusikti of Maeeacbuaetts, and Hubert Aiicliniuty. 
Jadfce of the Vice Admiralty Court at Bodlon, who were otiani«d to enquire Into 
and r«iiori a full and true account of all the otrcuuistancfH relative to the attack 
aod iHiminff uf the schooner Qaspee. Tbia resaei was a tend(<r to a Hloop of war 
■tatloDtwl at Newport. R. I-. Cor the purpoae of preTenttn^ the clandestiuf Inndlnf; 
of arUclea ftubjeut to t\w iiayuieul of duly, anil Its Captain, Wni. Uudiu^ton, a 
Ii«at«aftDt of tlie British Navy, had rendercKi himself Terr olmoxloua by maldnfc 
It Us practice to atop and baanl all vcMselii enterlnK or leaTiiiK the |>oriii of Riiodr 
Iiland. or learlnR Newport tor Prorldence. Ou the Uth of June (see Proclamation 
of Oov. WartoDt Captain DiitliugBton, for the purpose of searching a nloop called 
the Hontiali, which left NewiKirl on that day. gare chanv to her and ran on Nuniquit 
XVilnt and grounded. (.'aptaUn Undttley. of the aloop Hannah, reported thiHcirctua- 
stance to Mr John Brown, a mert-hant of I*rovi(lenue, who, rescilvlng upon ttic ile- 
stroL'tion of the Gaspee, Imtn»diat4?ly directed one of his tranty tihipmaslers to col- 
lect ei^bl of the larf^«l Iouk IxuUh in thi* harbor, and Co proeeeil fjuietly In a wharf 
opposite the dwelitmr of one James Sahtne. Soon after suniiet a n^n pamed aionfc 
thi* main wtnwt beatlnf; a drum, (T3ing mit Ijoldly thai the Oaapee wa^ ARTound on 
Namquit Point, and inrittnft thone who felt a dispOHltion to go and destroy Iha 
troubleaome roanel to repair In tlie ereninff to Mr. James SabineV house. The as- 
■embiage at that place was lar^^e. Tlif IniaLt pniei^eilcd upon their erraul. With 
scarcely any reslstaQce the crew of the Oaspce became prlMoers ((he Captain 
wounded by a musket nhot.'^ and the vesjwl bnmed to the water's cd^. 

The CommiBsiQa, of which Judge Smytli wat>a member, met at the Stale House 



370 ADMINISTKATION OF OOTSRMOB FRAMKUK. \}tt2 

issued on that Occasion, I have signified to M^ Smjrth 
His Majesty's Pleasui-e that he do repair ^\^th all con- 
venient Dispatch to Rhode Island in order to the car- 
rying that Commission into Execution & as it will l>e 
of great Use to that Gentleman to be informed of the 
different Measures which have been adopted, as well 
as of the Nature of the Commission, & the Ordei*8 
given to the Governor of Rhode Island in consequence 
thereof, you will do well to communicate to him the 
inclosed papers; but you are to observe that the Trans- 
mission of them to you is only for your private infor- 
mation, & consequently that the Communication of 
them to the Chief Justice must be considered by him 
in the same Light. I am &c^ 

Dartmocth.' 



at Newport oo Uie &th of Joniuu-y, I773« and cIkkkI their labon <m the &Stl of Jun« 
following. Thp rt^itilt of thin lonif fiiqulry amnuntrd. hoirfvcr. to nothitiff, t^xcn^t, 
perbAjw, the ooiidt-mnatJou of tli<> conduct of Uie Captain of the Quipec. af wbom 
LhH Cntnnilifaloiicint In thpir report to th<! KInKsald: " There is loo much rnwon to 
be1l«Te that In aoma inatanceii Liaulaaaot Dudlngsion. from an Intemperate. If ooi 
a n^irchonslhle seal to aid tiie remma SMTko, exceeded the bouDdn of hladutj.'* 
The poet of ttife Qccaa)i.ni, after a vlviii doatiipUon nf the affair, elusas aa fuUmre; 

" Now. for to Ond theee people out, ' 

Klaf Qeor^ ban offered ver>- ntout 
One thouaand poimdn U) And out one 
That wounded Willism Pudiagitob. 
One thousand more he Mya hell sparr. 
For Iboae who sajr tliey sherlffR wn*c; 
One thoiManil more there doth remain 
For to find out the header's uame ; 
Likewise flre hundred pouodn per man 
For any one of all the elan— 
But Int him try hiii utmost HkOl. 
I'm apt to tliiulc he never will 
Find out any of IhoHe hf arid of fcold, 
ThoURh he should offer flfly foM." 

• The Rli^t Hon. William. Earl of Dartmouth, was appointed. Ammst 14. 1771. to 
he " our of IIU Majediy V rrtnclpal Secretaries of State," there belnff committed 
to hit) special can! the dispatch of all such buslneaa as n'latod to the Colunlea, in 
place of Lord i11l1flborr>UKh.— £)o(i«/ev'« Annvot RtgitUr, for 1779. Iftt: N. Y. Col' 
Docia., VIII.. 303. One of the causes icenerally assigned tat the cbauKe has a local 
Interest, as relatfaif to Oovemor Franklin. The Oorenor had bocome tntcnatod 
as rariy as ITOfl In a project to fauod a colony on the Illinois river. Col. Qenrv* 
CroKban beirfr one of the orlginalorH nf tlie cuterprlse.— /VofiJUin'i H'orfta, rv.< 
Sllft-il. There were at that time Inmmuoun table otMscles In the way of safely aet- 
Uing a re«rtoD so remote from the frontier, and in ITiM. duubllfjw while nesotlalins 
with the Indians at Fort Stanwlx for the ostabUshmenl of a well-daflned fnwttar 
Una, Uovemor Franklin. Shr WUUam Johnson. CoL Croehan. Bamud Wharton aod 



1773J ADMINISTRATION OF OOVBRMOIt FRANKLIN. 377 

titer from Mr, Pownall to the Chief- Jiuiiices of New 
York, New Jersey, Massachusetts Bay and the 
Jwi{fe of the Vice- Adini rally Court at Boston, 
relative to the destruction of the Oasjxe schooner. 
m [Troni P. R. O. Ajuerica an.l West Imlles. Vol. 1P7«.| 

r Whitehall 5'." Septf 1772 

Dan! Horsnianden' Esq^ Chief Justice of New 
Hainpshu-e [York] Frederick Smyth Rsq^ 
Chief Justice of New Jersey Peter Oliver 
Esq*" Cliief Justice of Massacliiisetts Bay 
Rob^ Aiiclunuty Esq"^ Judge of the Adm'ty 
Court at Boston 

Since the Earl of Dartiiicmth's Letter to you of yes- 
kj'a Date, a dispatch has been received from Rear 



otbers theD uid there preaent, arraniTMl to MUbtish thf>iT colony Koutli or the Ohio 
rtrer mid west of (he AUeffhiuiirfl. BcDjatnln PrankUnADd Thomas WoJpole. a Lon- 
don bAnker, having been euliidiMl In the prfiJet:L, the Iraot was called afl4<r the 
latter, ihe "Walpole Grant," while the company were feneraUy known as the 
'Ohio iVrniimny" A|^plt^atintl havlnff hct-n mfule tn' Uie Omwn for n in^nt of 
lo tfuct Id qoeiition. Lord HilMboruui;h Btrenuou'ily opposed IL and prefteated an 
'daboratvrrpori against It lAprU l\ ITTi). and with rare foresiffht iraTe as one rea. 
BOD that such a cnlODj " must ilraw and carry imt aKrealDumber of iwiipK* from 
Ureat K^taln; and I appreheud ihey will soon become a kind of avpanite and inde- 
milcnt pvopti'. and who will aet up for thenlwdviii." To thin Dr. Franklin ivplled 
one of the ablest of hla public papers, bristling with facts, figures and argu- 
which led the Lords of Trade to reooiamend the tgrmotiagvt the desired 
It. However, it wan so delayed by the troublous state of the times that the 
(^ritnt was never signed by the King.— fVttiik/i'n'ii It'orfcj, !V..a0S-W; anfe, 112. note. 
Writing tn thr (jovpmur. under dale of Auguitt 17. 1772, I>r. FrankUii said: '* At 
igth wt.> hnvp got rid of Lord niilBlHiroueti, and I»nl Dartmouth toketi his place, 
the great iWltt<fBCtt(in of all the TrV'mls of America. You will hear U said among 
rou, I suppose, that ibt? interest of tbr Ohio plnntfrn has ousted hm; but the truth 
what I wrotf you long slnrt', that bU his brnthrr intnlsters illsliked hitn ex. 
lelj, and wished for a fair occoeJon of tripping up his heels; so, seeing that ho 
nada a point of defeating our scheme, they made another of supporting It on pur. 



* Daxikl nosvHAJti>CN WB* onc of the mos i fsmouit of the early Hecorders of New 

York L'lty; was for many ycaiti a intmlerof ihe CcuncU, and Chi^-f-Jnsdoe of New 

York from 176S until hb death In 1778. at N'ew York City. In hia eighty fifth year. 

y Quite a full biugrapbical aketuJi of turn U giTeii iu N. Y. Col. Docs., VU., SOI, note. 




378 



ADMIXISTRAIION OP OOVKRNOU FRANKLJX. 



11772 



Admiral Montai2:o containing an Account of a dis- 
covery of the names of some of the persons stated to 
have been Ringleadoi-s in the Attack upon, & burning 
the Gaspee Schooner,' and I am directed by His Lonl- 
fihip to transmit to you for your Information the in- 
closed Copy of a paper containing the particulars of 
that Discovery. 

I am &c. 

J. POWKALU 



Lutier from Oovenior Franklin to the Earl of Hills' 
borough^ infonning him that the Assembly had 
granted money for the support of the King's 
ttvops, 

rrrom p. a O. America and We«t Indiem Vol. I?fl (IMVl 

BURLLVGTOX Oct' 5'* 1772 

Right HonH« the Earl of Hillsborough &c. &c. 

My Lord, 

1 am just returned home from Perth Amboy, where 
I have been for some Weeks past holding a Session of 



poM to mortify him, wUdi Ihoy ltii«w hb )nid» could not bear. • • • • Ttw 

Kinjf'H d|j(in(>* made iht> othpm tanrr flrmty unltiMl in il«> nwklutlon of dift)n«clng 
nilL><1>iirx>tt^)i. by •wtUtiK at naiiglit htK ratnuuK i^iwrt."— ICurib, VUT., lo In m 
l«>llf>r 1^ JoM>ph Galloway, of Ai]fn>^ i!S- l^*. Franklin says: " LajtcI HlllH>H«nnir:h, 
ini>rtinwl l>y I Ik* Commltl^w nf LNiuucH's approtMiUou of our grant, toi oppotdltnii to 
his report, htu* reitlKtiwI. I belh-Tr. whrn he offerrd to do to. h* hod mich an opln- 
irm of hilt itniMirtajK^, chat Im> did not think it would he acifptml; and thai It 
would ba thoufrht prudent rathvr to wl nur srra&t udd*? Chan purl with him. His 
coUeOffuea In the ministry were all trlnd tn f^>t rid of him, luid p«>rhapM fnr thbt nw- 
•on Jolnwl raofr rvadily In idviuK him that mortiflcadoo. "—/!>., IT, If. nil FVankltu 
RiinnlaCB, the KJnj; fnvon-d ihin hiimlllaliiin <if Ixrd IIillfib4tr(JiM;h. hr cvrtalnly 
IMiIllatrd I III* i4r«-*l of it hy a mom ttuliKtanUal mark of hln favor, for amuni:^ itu- 
promotion* reoordwl for the yt»ar wan thta. under dati' of Atiirusi 12; " The Rtithl 
Hon. WlllM HIU, Earl of Illlh.tioroiwh. in Irvlaud. and Lord Harwich. Baron Uhv 
wlch. fn KuBOX. ami tahl« twue ninlv, the dt(rnltArl»i of Viticouni and l->rt of Kitfi 
Britain, hy the tHles of ViKPotuit Folrford.and Earl of HUMxirough, In the i.H>itniy 
of (i\oticvsUfr."—tknlAley'g Annual agister, for 1772, Iflt. Fraitklio MimuiL'd him 
op Uiiut: " His ohamrter Ib conceil. wronj^hc^adedneap, obstinacy mimI paaoKm. '— 
ItVntn. VU.. AOT. In His flrA leltvr. of January -£1. in», Jumiu* hoMa Lord Hlll^ 
lH>ruu<;h 1an^.'b' rvHixinfiible for tiiv dlaturb««l atate o( alTalrB in AmcilcL-IW. K ] 
< 8e« Bote lo Che fore^Uij; letter. 



ADSnNlSTRATION OP OOVERyOR FRAXKUK. 



Assembly. As soon as a Copy of tho Proceedings can 
be made out, I shall do myself the Honour to transmit 
them to your Loitlship. 

Your Lordship's Dispatches N^ :^7, 38, & 39, are just 
come to hand, but as the last Post which has any 
Chance of reaching the Packet that is to sail this 
Week fix)m New York, is expected to pass by here 
every Minute, I have only Time to acquaint your Lonl- 
ship, that I have obtainefl from the Assembly (not- 
withstanding all the Resolutions of the late House to 
the Contrar>') a Sum of Money for tlie Suppoi-t of the 
King's Troops which the General has lately ordered to 
he quai-tered in the Barracks of this Colony uutil the 
Transjwrts shall arnve which are to carry them to the 
West Indies. 

I have the Honour to be, with the greatest Respect, 
My Loi*d, Your Lordship's most ol>eclient, 
& most humble Sei^vant 
W*? Frankun 



\thrfrom Chu'f-Jnsiive Smyth fo the Earl of Hill s- 
bi}ronghy relative to the robbery of the Treasurer 
of the Province, and to his iravelimj expenses on 
the circuit. 

irrom p. B. O. Amfrloa ud W«st Indies, Vol. 170 (IM).] 

Amboy New Jersey October 5*?" 1772. 

fy Lord, 

As your Lordship was pleased to express some de- 
sin? to hear from ino on my return to North America, 
I have the honor to acquaint you that 1 arrived at 
New York on the 22? of last month, and heanng that 
the (loueral Assembly of this Pi*ovince was then sit- 
ting, 1 took the fii-st opportunity to come over to New 
Jersey; The Governor and Assembly on my arrival 



380 



AbUIKU«TRATIOX OP GOVKKNOK FKAXKLIN. 



[im 



were engaged in a violent contest on the subject of 
the Treasurer of the Province, who about four Years 
since was robljed of about £*1*mm) of the public money; 
a former Assembly took great pains to enquire very 
minutely into all the circumstances relative to the 
Roblx^ry, and Resolved in effect, that the money was 
lost tl J rough the negligence of the Ti-easurer, and that 
he ought to replace the same sum in the Ti^asury; 
which however he is not inclined to do» 'till cc»mpelled 
to it.— the present Assembly apply to the Grovemor to 
remove him from his office, and appoint another, 
which the Governor positively refuseth to do, in the 
course of this altercation very long messages are 
penned, in the language of some parts of which I 
must think the dignity of Govemnient much degraded; 
I am tinily sorry for this dispute, as in other respects 
the Province is in perfect tranquility, but 1 doubt this 
extraordinary attachment which the Governor has 
shewn to the Treasurer, will occasion nmch discon- 
tt^nt. if not worse consequences. 

I have taken occasion since my arrival to collect 
the ojiinion of [>eople in general on the subject of the 
new projected Government on the Ohio, and I can 
with great truth assure your Lordships, that nothing 
can equal the astonishment that is expressed by ever>'- 
body that such fulsehootls as have been advanced on 
the subject of the numV»er of people said to be assem- 
bled, should meet with any kind of belief, or that 
such absurdities with respect to an easy inteix-ourse 
with the other C'olonies, and with the mother Coimtry 
from the intended settlement, should be a moment at- 
tended to as the conti-aiy must be obvious to every- 
body at all acquainted with the coui-se of the Country 
— the distance, and natural imi)edim" — your Lord- 
ship's op|)osition to this measure is highly applauded 
by everybody 1 discoursed with at New York on the 
subject, and by everybody in this province, one indi- 



1772] ADMINISTRATION O^ OOVEKNOK PRANKUK. 



381 



vidual only excepted, whose name I need not mention 
when I tell your Lordship that he is very uidustrtous 
to hand about, certain Observations on the Reixn-t of 
the Board of Trade, relative to the petition of the As- 
sociates &c.' I am under the necessity to mention a 
matter to your Loniyhip relative to myself, and shall 
wait your determination on tlie subject, before I allow 
myself to say one word to any person in the province. 
I well remember that your Loixlship has enjoined me 
to receive no farther Salary from the Assembly of 
this Colony — the Governor has shown me your Letter 
to him on the same subject, which he also communi- 
cated to the Assembly' — but a doubt has been started 
by the Govenior and Council whether the annual al- 
lowance for traveling expences through the Province 
to hold the Assizes may be received by me. In the 
annual support Bill there is constantly given a sum to 
defray the expences of such of the Judges as shall go 
the Circuits — since my Residence I have constantly 
every year traveled through the Province to hold the 
Assizes, and for my expences in this service I have 
l>een allowed to receive about .£10f» |J ann— the As- 
sembly in the Support Bill of this year tho' framed 
and passed since the receipt ui your Lordship's Letter 
on the subject of ray Salary from the Crown have 
given the same allowance as usual to defray the 
Judges expences on the (Mi*cuit, but the (tov5 and 
Council are of opinion that I ought not to receive any 
jKirt of this allowance, be tliat as it may I shall cer- 
tainly go the Circuit and liold the Assizes as usual, 
but shall not allow myself to demand any allowance 
foi' my expences. till I have your Lordships opinion 
that I ought to rec^eive it — surely this is very diifei*ent 
from a Salary for a support— it is i-ather a fee for cer- 

■ The KfenHuw in doubtlcan to Qorernor Fmnklin . Ttie paper entitled " OtNHtrra' 
tiOM." etc., WM Dr. FruikUn's reply to Lord BillsborouKli's Report on the Ohio 
CompMix. 

•8m Jime«, 177^. 




382 ADMINISTRATION OP OOVKKNOR PRAKKUN. [1773 

taiu services or an allowance to defray a certain ex- 
pence, plentiful & i>ermanent as the Judges Salaries 
ai-o in England, their traveling expences are defraye*! 
by the C-'it)wn on the Circuit, over and ahove their 
Salaries. — now as there is an annual sum voted by the 
Assembly for the pui'pose, if I am not allowed to re- 
ceive it, it will sink in the Treasury, and the Assem- 
bly will have the appearance, and credit, of contrib- 
uting to the expence of the administration of Justice, 
tho' in fact that expence will come out of the ^MX-ket 
of the Chief Justice whenever he goes a Cii*cait. 

I think it will be some satisfaction to your Lordship 
to know that T am infoi-mwl on enquiry, the importa- 
tion and demand for British Goods is very givat at 
present in all the Colonies — and that the projt»cts for 
oHtal>]i.shinp; manufactories are almost at an end, and 
hardly mentioned hut to be laughed at. 

I am my l^onl with the utmost Respect and Grati- 
tude 

Your Lordship*3 much obliged 

*& olied' Hum'' Serv* 

Frkdkkick Smyth. 



Tjctier from Oov. Franklin to the Lords of Tt*ade^ reJ- 
citive to the care and custody of Idiots and Lum 
tics. 

IFVom p. R. O. B. T. New Jeney. VoL 10, U I7.| 

Burlington New Jersey Oct- 12^ 1772 

The Right Hon**!* the Lords Conimiss"' for Trade 

& Plantations. 
My fjords 

I am honoured witliyour Ijordship's Dispatch of the 
29^ of July, resi>ectiug a Clause proposed to Ik? in- 
sorted in the Commissions for Governoix of His Ma- 
jesty's Plantations in America, giving them, as Chan- 



1772] ADMINISTRATIOK OP GOVERNOlt FRAKKLIN. 



3 83 



cellors, the necessary Powers to issue Commissions for 
I the Care and Custody of Tdeots and Lunatics. — At 
pi-esent I cannot see that there is any well founded 
Objection to be made to such a Claase, and I think it 
maybe of Advantage to the King's Subjects in the 
Colonies. The Laws of this Pix>viuce have made no 
Provision that I can find rcspiicting either Ideots or 
Liuiatics, and I beUeve there have been Instances 
where the Governoi-s, as Chancellors, have undertaken 
to act in the Manner which it is intended by the pro- 
posed Clause they shall be iiuthorized to do for the fu- 
ture. I shall, however, in a few Weeks have an Op 
I portunity of consulting the Attorney General, ami 
' some of the Cxentleinen of the Council, upon the Sub- 
ject; when, if any Objection should occm-, I shall not 
fail to acquaint your Lord.ships tlierewith by the lii^t 
Opportunity. 
i I have the Honour to lj6, with the greatest Respect, 
^^ My Loixis, Yom* Lordships most obedient 
^^^^ A: most humble Servant 

^^^h W^ Franklin 

' Memorial of Attorney- General Skinner to the Earl of 

kDartmonth, praying that he may obtain an ade- 
quate salary from the Crown for his services. 
(From P. B. O. America mad West Indies, Vol. 177 (IK).] 
^P Perth Amboy 30*" October 1772 

To the Right Honorable The Earl of Dartmouth 
His Majesty's Principal Secretary of State 
for the Colonies in America &c? 



L 



^ 



The Memorial of Com-tland Skinner Attorney 
General! of the Colonie of New Jersey 



Humbly Sheweth 
That youi' Memoriahst hath held the Office of Attor- 




384 



ADMIKISTHATION OP OOVEHXOR PBANKUN. 



[1772 



ney General of New Jersey for upwards of Eighteen 
Tears — 

That the Salary allowed your Memorialist by the 
Colonie, so far from being an Adequate coni|)en8ation 
for his Services, is not equal to twenty Guineas Per 
Annum — 

That in consequence of Laws of the Colonie, which 
from time to time have received the Royal assent, and 
by the particular Usage and Custom of the Colonies 
the fees of Ofl&ce, and other i)erquisites due to the At- 
torney Generall, as Prosecutor for the Crown, have 
been curtaDed, or establislied at rates, not only infinite- 
ly lower than in En^lau'l. but also much below the fees 
Allowed for Criminal Prosecutions in the Neighbour- 
ing Colonies, insomuch that it may with truth be 
averred, that the nec'essaiy Attendance of the Attor- 
ney Generall at the several Courts of the Provintre, to 
prosecute the Pleas of the Oown, is in many In- 
stances not only extremely burthensome, but absolute- 
ly exjjensive to him, for in Criminal Prosecutions Not- 
withstanding all his Trouble in taking the Necessary 
Steps to bring Offenders to Justice: no fees whatever 
are to be taken by liini, unless the Accused Ls Con- 
victed, and Even upon Convictions, the Defendants 
are often so poor tliat Nothing c^an l>e liad, or if any 
thing, seldom without an Abatement of that Little 
which by I^aw is due. 

That your Memorialist Notwithstanding these dis- 
advantages and altho' his Services for as many yeai-s 
have been so Poorly Requited hath never failed to 
make the furthemnce of the Public Justice of the C-ol- 
onio his rixed object, and ujwn occasions of difficulty 
and even danger, fivm the Licenciousness of jwirticu- 
lar times, hath discharged the duties of his Office, as 
an Active and resolute Servant of the Crown for which 
he l>egH I>euvo t^» ap{>eal to the present as well as 
former ISejiresentations of the Governor of this Colonie. 



1772] ADMIXISTRATIOX OF GOVERNOR FRANKLIN. 385 

Your Memorialist further begs Leave to Represent 
your Lordship, That as the Governor s Apphcation 
to the Assembly for an encreawe of the Salaries to the 
Officers of Government, has been without effect, so 
your Memorialist humbly hopes, as his Majesty has 
been Graciously pleased to Allow Salaries to the Ofli- 
cei's holding like commissions with your Memorialist 
in Other Colonies ( wliere the emolmnents to the Office 
are greater from the Grants of the Lands, belonging 
to the Crown, and other Circumstances unknown in 
this Colonie) Tiiat Your Lonlship will consider him as 
a proper Subject for Royal favor, and that thro' your 
Patronage he may obtain such a Salary from the 
Crown, a.s may be thought adequate to his Services 
and the Importance and Usefullness of his Office in 
this Colonie. 

And Your Memorialist as in Duty bound shall ever 
pray— 

CouKTLAND Skinner 



Letter from Ooveriwr Franklin to the Earl of Dart- 
month, transmitting Minutes of Council and As- 
sembly ^ with his obstrvations on the Bottndary 
Acft the act tnabliny all sttbjects of his Majesty to 
inherit real estate, and the Lottery Act. 

itTom P. R. O. America and West tnOiefl, VoL iM7 {483>. | 

BURUNGTON 28*i'Novr 1772 

'3fy fjord, 

I have the Honour to tnuismit to Your Lordship by 
this opportunity Copies of the Journals of the Privy 
and Legislative Cotmcil, the Votes of the Assembly 
and the Laws passed at the last Session held at Perth 
Amboy Of these, three are passed with Claiiiies sus- 
35 



380 



AllllI.VISTItATION OF OUYKRNOIt FKANKUN. [lUTi 



pending thoir taking effect until His Majesty's Pleas- 
ui-e shall be signified thereupon viz^ 

r* "■ An Act for esfcablishing the Boundary or parti- 
tion Line between the Colonies of New York & Nova 
Csesarea or New Jersey, and for confirming the Titles 
& possessions." This Act is made exactly conforma- 
ble to one lately passed in the Colony of New York for 
tlie same purpose. It enacts that the partition Line 
det^reed by the Commiss" appointed by His Majesty 
shall for ever hereaft^^r he the Boundaiy between this 
Colony & the Colony of New York. Should the^e 
Laws receive His Majesty's Confirmation, an End will 
bo put to a Controversy which has l>oon frequently 
attended with very disagreeable Consequences to both 
Colonies. 

'2'^ *'An Act to enabk' all Persons who are His Majes- 
ty's Liege Subjects, either by Birth or Naturalisation, 
to inherit and hold real Estates, notvvithstauding any 
defects of Purchases made l>efoi*e Naturalization within 
this Colony." A Law of somewhat a Similar nature 
to this (passed at the Session in October 17To) was dis- 
allowed by His Maje^sty; but as the present one is no 
way different in Substance, & as nearly as possible in 
the very words, of one passed in the same manner in 
New York, and lately approved of by His Majesty, I 
could not refuse it my Assent, esj^ecially as J can look 
upon it in no other light than as a pi^tition to the King, 
the prayer of which is just and equitable. Should 
Your Lordship, however, be of Opinion, that such 
Laws wliich may any ways concern the Royal pre- 
rogative, ought not to l)e passed, even with a Suspend- 
ing Clause, unless a previous permission has been ob- 
tained from tht^ Crown, and will please to point out to 
me the manner in which such permission is to be ap- 
plie<l for, T shall not fail to c^>nform thereto for the 
future. _ My Reason for mentioning this is, because it 
seemed to be the sense of the Board of Trade, in their 



1772] AIiMINI«TRAT10N OF GOVEKKOK FRANKLIN. 



387 



Report on the former Law. tho* it had tlio Hke rus- 
pending Clause, that a Matter of that kind, "ought 
** not to have been the Object of a Law in this Colony 
** without His Majesty's permission first obUiined." 
As I iiave before, in a Letter to Loitl Hillsborough. N". 
39, made some ObBervations on this hea<i, it is need- 
less to trouble Your Lordship with a Re|>etition of 
them here. ' 

34 **An Act to enable certain persons to eiect and 
draw a Lottery for raising the Sum of One Thousand 
& fifty pounds, to be applied for the purposes therein 
mentioned." The principal puiposo of this Lottery 
is to defray the Expences of making a Road that will 
be highly beneficial to the Inhabitants settled in the 
North Eastern parts of this province, and to the City 
of New York, which must otherwise fall upon a pub- 
lic spinted C:h3ntleman who has already ex]>endcd con- 
siderable Sums on that account.' This Law being of 
immediate Necessity, it would be exti-emely agreeable 
to the Inhabitants of that pai-t of the Colony to have 
His Majesty's Confirmation of it as soon as iK)Hsible, 
and [ cannot but earnestly itjcommend it to Your 
Lordship for that purpose. 

The other Laws sent herewith have, I l>elieve, noth- 
ing in them extraoixlinary, and therefore need not to 
be particularly mentioned. 

I am &c 

W? Frankun. 



iThe*rt wm conflrmed by the King In Council Sept. t. I77i.—N. J. Anttlt/ticttt 
Index. OfS. 

>Tlic road had been coiutrurtcd some .rears bufore by Col. John SchaWer, ftt bte 
iiwn (:xpen!«. for tjiroc mflr.s through the i.'ednni and the mejulowfl, from his enp 
(icr mioe a* Second Klver to the mMin mad leading from Nuirark to New York. 
The Inw did not receive the royni assent until April 13, 177-1. —AttitOH'ti Lawa, SSO; 
Jotiah Hornblouvr, #((*., 'ii*~^*>. ni>te. -| W. N,J 



388 



ADMINI8TKATI0M OP OOVBRNOK FRANKUN. 



[1773 



Letter from the Earl of Dartmouth to Gov, Franklin, 
expressinfj his satinfaction with the conduct of 
the Assemblt/. 

[Trwn r. R. O. America anfl Wnt IndfH, ToL IM. Ko. flB.] 

Whitehall 9^ Dec' 1772, 
Governor Franklin. 

Sir. 

I have received and laid before the King your letter 
to Lord Hillsborough of the S'.*" October N" 42. and also 
one addi'essed to me of the \\V^' of the same Month. 

Ab I have no Commands from His Majesty to sig- 
nify to you upon either of these letters, I have only to 
add that it is a great Satisfaction to me to find that 
the Resolutions of the late Assembly had no Influence 
upon the Conduct of the present, & that they Iiave 
given so proper a testimouy of their Zeal for the 
King's Service, & respect for the supreme Authority 
of Parhament, in making the iie(juisit-e Provision for 
the Support of the King's Troops. 

lam &c" 

Dartmouth. 



Letter frfrni Gov. Franklin to the Earl of Dartnionth 
rdatii'e to paper."* transmitted to Chief -Justice 
Smyth, 

iFrocn p. R. O. America and WMit Indiem Vol. 177 (iK).] 

Bl'kungton Jan"? 4*? 1773. 
Right Hon^V^ the Earl of Dartmouth &c. &c, &c. 

My fjord. 
liumediately on the Receipt of your Lordship's Dis* 



1773] ADMINT8TKATI0N OP OOVERXOR FRANKLIN. 



389 



patch of the 4"' of Sejitember (which did not come to 
hand till the 32*! of last Month) I tmnsraitted the en- 
closed Letter and Papers to M' Chief Justice Smyth at 
Amboy, who in a few Days after set out for Rhode 
Island, in order to assist in cairying into Execution 
the Commission issued by His Majesty for enquiring 
into the Circumstances relative to the Destroying of 
the Gaspee Schooner. 

I have the Honour to l>e, with the greatest Respect, 
^H My Lord, Your Lordship's most obedient 

^™ and most humble Servant 



Letter from Goi;. Franklin to the Earl of Darimonihy 
transmittiny a memorial from Aitoru-ey OenercU 
Skinner^ with observations on tlvefe.es of the Oov- 
ernor and other officers. 

(mm p. R. O. America uid Wefit Indies, Vol. 177 (106).1 



BuRUNGTON Jan^ 5^** 1773. 
My Lord^ 

I have the Honour to transmit to your Loi-dship a 
Memorial from W Skinner,' His Majesty's Attorney 
General for this Province, representing the InsutK- 
ciency of his Salary, aud reijuesting the Favour of 
your Lordship to lay his Ca<M3 bef4)re His Majesty, in 
such manner that he may obtain a more adequate 
Compensation for his Services. The Facts ai-e^ to my 
Knowledge, truely Set forth in his Memorial; and as 
M- Skinner has besides, as Sjieaker of the Assembly, 
frequently exerted himself iu prunioting His Majesty's 
Interest in the Hou)^, I cannot but think that a Com- 
pliance with his Request will lie cronsistent with go«xl 
i*olicy, as well as Strict Justice. 



pAgoan. 



390 



ADMLNISTRATION OP GOVERNOK PRANKUK. 1 1773 



At tho last Session I endeavoured (as your Lordsbip 
will see by my Speech) to prevail on the Assembly to 
Kiant an additional Allowance to the Officers of Gov- 
ernment; whose Salaiaes were too low even at the 
Time when they were first established, l)ut are now 
greiitly disproywi-tionato to the encreased Expences of 
Living, and also to tlie encreaaed Abilities of the Pro- 
vince In their Answer to my Application they Say, 
** When we consider tliat ahuost every Officer here is 
^^ dependant on the Will and Pleasure of the Crown, 
" we cannot agree that the Salaries of the Officers of 
'* this Government ate greatly inadequate to the Pur- 
'* poses for which they wore given. Some we imag- 
**ine equal to tlie Dignity of the Station, and others 
" prot>ortionate to the Interest we have in them.'* 1 
told them in my Reply, that '* this Colony is by no 
** means so much inferior to the adjacent Provinc^?s. 
*' either in Extent or Opulence, as is the Support al- 
•*lowrd to the publick Officers of Government, and 
"they hold their Commissions by the same or the Uke 
'** Tenor in this Province as they do in the others.*" 
And, T added, ** it is a notorious Fact that none of tho 
"Salaries are proportioned to the Abihty of the Pro- 
*' vince, and that most of them are so extremely low, 
." that they would be thought a Disgrace to any other 
"Colony on the Continent." 

I likewise had it intimated to thom. that unless they 
made a raoi*e adequate Provision for this Parp<)se, His 
Majesty would pmliahly be induce*! to bike the Pay- 
ment of his principal Officoi"s here into his own 
FTands, and cause them to he paid out of bis Kevonne, 
as had been done for some Time |iast in most of the 
King's other Colonies, and lately in the Case of the 
Chief Justice of this Province, (hi which I was given 
to underst^'ind, that whether the Crown paid the Offi- 
cers or not was a Point they wei-e very indifferent 
about; that tho^ Some People in the Massachusetts 



■ 








Bay, in order to keep their Party alive and to give 
themselves Consequence, had made a gi-eat Clamoiu' 
against the Payment of Salaries by the Cix)wn to the 
Officei*s of Government in Americ-a,' yet the Assembly 
of New York had made no Opposition to it, nor had 
that Colony experienced any of the pi-etended Incon- 
veniences from such Regulation; that it was Time 
enough to complain when any Injury was Sustained; 
that, besides, they could not see with what Propriety 
any Governor, or Officer of Justice, in America, can 
call upon an Assembly to encrease his Salary, when 
e People of the Colonies are obliged by Acts of Par- 
lament to pay Duties expivssly appropriated for 
' making a more certain and adeqnate Provision for 

* the Charge of Administration of Justice, and the 
' Support of the Civil Government in Such of the Col- 

* onios and Plantations where it shall be found nec- 



•* essary." 

What may, perhaps, have contributed to make the 
Assemblies and People of New Jersey and New York 

e more easy about the Payment of the OflBcer-s of 
the Colony by the Crown, is that in Queen Anne's 
Reign, the Governor of both Colonies was paid in that 
Manner, which continued for many Yeai-s, and the 
Assemblies of that Time were so fai- from objecting to 
the Measure, when the Governor informed them of 
her Majesty's Orders in that respect, that the Assem- 
bly of New York (to use their own Words) '' with 
*' Hearts fill! of Gratitude acknowledge Her Majesty's 
**gi*eat Boniii y 3iid J»^^/ce," aud the Assembly of 
New- Jersey expressed an equal satisfaction and Acqui- 
escence with Her Majesty's Pleasure on the Occasion. 
Enclosed is a Copy of the Queeu*8 Instruction, and an 
Extract from the Governor's Speech & the Assembly 
of New York's Address uj>on this Subject ^Mien the 
mode of paying the Governor of the two Colonies by 

1 6m works of John AdamB. IL, XfO. aid. %S. 




392 



Ai)MIN'IStRATtOy OK GOVKHNOB FRANKMN. [177^^ 



the Crown ceased I know not, nor what was the Cause 
of a Matt*:*!- of such Consequence beini;? afterwards left 
to the Pleasure of the Assemblies. Certain it is, that 
they have often taken an undue Advantage of this 
Power, and in a manner eonn>elled Governoi"S to give 
their Assents to Laws destructive of His Majesty's 
just Prerogatives; Instances of which if necessary, I 
could readily point out. 

In Colonies where the Governor has the granting of 
the Lands belonging to the Crown, both he and the 
Attorney General have Emoluments which may com- 
pensate for any Deficiency of Salary, and i-ender them 
independent of the Caprice of an Assembly. But the 
Lands in this Province are the projwrty of private Pro- 
prietors, and are granted by them of course without 
any Concurrence of or Advantage to the King's Gov- 
emor or Attorney Genei-al. The Fees and Perquisites 
of the latter have, as he sets forth in his Memorial, 
been from Time to Time considerably lessened by Acts 
of Assembly; and I can with Truth assure your Loi-d- 
ship, that all the Fees and Emoluments of every kind, 
received by a Governor of New Jersey do not amount 
with the Salary included, to One thousand Pounds 
Sterling ^ Annum. A Sum which your L<jrdship 
must be sensible cannot be deemed sufficient to Sup- 
port properly the Dignity of his Station, much more 
enable him t-o lay up anything against Old Age or Ac- 
cidents. For a Governor here has not only a much 
less Income than any other of the King^s Governors in 
Ameriai, but is put to much gieater Eipences than 
most of them, owing to his being obliged to do the 
publick Business at two different Seats of Government, 
and to tliis Colony being the great Thoroughfare be- 
tween the two Cities of New York and Philadelphia, 
which Subjects him to the Entertainment of Number 
of ()fticei*s and Gentlemen who call u^ton him in their 
Way from one to the other. 



\DMINISTKATION OF GOVEUXOR PRANKLIK. 



393 



■: 



I have now had the Honour to Serve His Majesty 
ahove Ten Yeai-s in this Province, and am, I believe, 
the oldest in Commission of any of his Qovei-nors in 
America. But it has so happened, that whilst others 
in my Station have made handaonie Fortunes, been 
i-omoted, or received coasiderable Honoui-s and Re- 

aitlp, my own private Fortune has been really lessen- 
ing, and I have as yet only the Satisfaction of having 
Served His Majesty faitlifuUy & to the best of my 
Ability. It would not botonie me to boast of my Ser- 
vices; I shall only mention that my Conduct has been 
luch as has, on many Occasions, met with tlie Appro- 
bation of His Majesty and his Ministers, and that had 
it been otherwise I should not have had the Confidence 
to beg, as I now do, that your Lordship would do me 
the Honour to make known my Situation to His Maj- 
esty; from whose (Tor»dness and Justice I liave not tlie 
least Doubt I shall then either receive an Encrease of 

y Salary, or a Promotion to a l>etter Government.' 

I have the Honoui- to be, with the greatest Hesptct 
and Reganl, 

My Lord, Your Lordships most obedient 
& most humble Sei-vant 
Wf Franklin. 



Oovenwr Tryon to the Earl of Dartmouth, 

riVoiD New Yorit CVilonlal Doc»m«nC«, Vol. VtU., p. MO.] 

New York, TFebnr73. 
Lord, 

I received last evening, from M' Elliot His Maj^''* 
lommission under the Seal of great Brittain, and pro- 
sedings had theivon, relative to the i*artition line be- 



'BeaiamlD rraiikUn wrou*, April 0, I7T3, to the nov^rnor: " I saw Lon) Dart- 
moutfa abouL twii wwkH Kiiuw. He muuUumtl nuthitiK t» i»(« ot your application 



for MkUtional mUit. nor did I to hint, for I do not like it. 
wlih your people. "—Iforiv, VIII.,41. 



tvmr It wlU emhroU you 




394 



ADMINIdTKATION OF QOTERNOR PRANKLIH. [1773 



tween the Govern" of New York and New Jersey, re- 
questing, I would transmit the same to His Maj/? M' 
Jay. clerk to the Commiss" refusing to deliver up the 
Commission and papers imless authorized by an ex- 
pirees order of the Crown under the gi'eat Seal, or act 
of the Legislature. I yesterday passed a Bill of that 
tenor, a copy of which is hei-ewith ti*ansmitted, with 
the Commission and papei*s, also Gov' Franklyn s let- 
ter to me inclosing an Act of the Assembly of New 
Jersey, which was ol>tained in consequence of the con- 
fei-ence I had at Amboy last September with the Gov' 
& other pai'ties concerned in the premises — Should 
these proceedings meet with his Maj*^' approbation, we 
may, I hope. Hnon receive the R*)yal confirmatit»n to 
the teriitorial Jurisdiction between the two Govern*' 

Your Lord'' will observe the Great Seal is entirely 
defaced ami reduced to a small Lump of wax, which 
is the case of almost all the gieat seals sent from Great 
Brittiiin. <x;c4isiorie<l by its being chiefly composed of 
Rosin wliich is reduced U) jKjwder by the t'liction of 
the voyage. Were the seals to he formed of a proper 
mixtui-e of Bees wax and Turpentine without any 
Rosin, they would arrive uninjured; a circumstance 
not without its weight as the vahdity of those instru 
ments havL* been doubted to which the Great seal has 
been affixed and defaced, like the one to this ('om- 
mission. 

1 am with all possible iesi)ect and RsU^em, 

My Lord, Your IjoiiI^* most oU^ient Servant 

W" Tkyon. 



1773] ADMIXISTRATION OF QOVEIINOB FRANKLIN. 



396 



Letter from Chi^f- Justice Smt/fh to the Earl of Dart- 
ttionth, reiative to tfie destruction of the Schooner 
Oaspee. 

[Trom V. R. O. America & Wmt Imlles. Vol. 177<106)0 

New York Febr 8*?" 1773. 

!y Lord, 

1 had the honour to receive your Lonlships Letter 
dated 4"' of September last, imparting his Majestya 
commands to me to rej^air to Rhode Island to assist in 
cai'iying into execution his Majesty's C'ommission for 
enquuin^ into the circumstances i-elative [to] tlio phm- 
dering and bundngthe Schooner Gaspee. ' Your Loinl- 
ships Letter was delivei^ed Ui me on the ^S** of Decem- 
ber last, and on the 31*^ I ariived at Rhode Island, on 
the flV' of January all tlie Commissionei-s being met, 
and the Commission produced to us, the same was 
ojxined and published. 

A Review of the attrocious offence perpetrated in 
Rhode Island, must excite indignation in the* mind of 
every lover of Justice, and real friend to the Authority 
and dignity of Government; and I should have been 
^9-Ppy to acquaint your Lordship, that success in the 
execution of the Coniniission had been equal to my 
wiahos, that the ends of pubhc Justice might thereby 
be effectually attained, but from what I have hitherto 
obsen'ed, in the progress of our enquiry, and from 
such intelligence as I have obUiined, I cannot help ex- 
pressing my fears that that intention of Govcnini' will 
be defeated, and the offendei-s screened fi*om the hand 
of Justice. 

I must forl^ear giving your Lordships a particular 




8e«paCe87B- 



39G 



ADMtXWTRATION OF nOVBRNOR PHAXKLIN. 



1773 



detail of our proceedings upon the Commission, as' 
that more properly ought to be reserved to the general 
repoii trom the Comniissioners, to his Majesty: but I 
cannot resti-ain myself from imf)arting to youi- Loitl- 
ahip some remarks and observations, which I tliink 
you ought to be possessed of tho' in this paiticular I 
hap|)en to differ from t]»e other Gentlemen named with 
me in the Commission, who in their Letter to your 
Lonlship have contente<l themselves with informing 
you of an adjonrnnient, and their reasoiLs forso doing;' 
but I am \\illing to go a little farther, and hope 1 shall' 
he excused for taking up your Lordships time and at- 
tention. 

Youi' L4.irdships Letter to the Governor of Rhode 
Island ought most certainly to have be^n kept secret 
from the people of that Country— how great then was, 
my surprise to find lui^st pait of it in the public print 
before I aiTived at Rliode Island, so far from keeping 
it any secret, the utmost industry seems to have l>een 
used to pubhsh the contents of it; the Governor imme- 
diately imparted it to his neighbors and friends, in a 
few days he laid it befoi-e the general Assembly of the 
Colony — in leas than a week it was printed at Boston, 
and on the Sunday following a Sedicious preacher 
harangtied his congregation on the Subject of it, by 
this means the allarm was effectually given, and the 
utmost horror excited in the minds of the people 
against the measures intended to be taken by Govern- 
ment in the cause of public Justice. 1 need not make 
any remarks on this instance of the imprudent con- 
duct of the Governor of Rhode Island — I liave expos- 
tulated with him on this subject, but however repre- 
hensible such couduct w*'. certainly be in a Commander 
in chief of a Royal (lovernment — constituted as the 
Grovenun* of Rhode Island now is by their popular 



• For ebt«r-JuKUce Uonnuiui«leii*ft report mw N. Y. OoI. Docs., VUI., MO. 



1773 J 



AUMINIBTKATION OF (JOVEKNOH FKANKUN. 



397 



Charter, the Gk)vernor thinks he eh'? have been remiss 

his duty io the people if he had not taken tins a)ur8e 

— this principle my Loi'd I must think is the I'eiil sourse 

of all the mischief, disorder, and irregularity* which 

'om time to time have disgraced the Government of 

Ihode Island, and no effectual controul being inter- 

'posed, mischief and irregularities have increased, defi- 

tance to Laws, and an unbounded licenciousness has at 
length grown to Treason itself — as almost the whole 
|>ower of tlie Crown is delegated to the people of 
Rhode-Island^ — that power which in proper hands *!uly 
exerted w'f pro<luce the good effects of good govern- 
LUient, is now prostituted to the purposes of private 
"interest> — abject submission to popular factions- - 
bUnd obedience to the wishes, passions, and inclina 

Kions of the people however repugnant to the honor 
if Govenament, the Duty of Subjects, or the Laws of 
he I^and. 

That illicit Trading had been growing for many 
years to an egregious excess in Ehode Island was ob- 
vious to every one, and called for the inteipositiou of 
some other power than was to be found in this Colony 
to put some stop to it; the vigilance and activity of so 
[rkI an Officer as Cap- Duddingston natui'ally excited 
the indignation of the people— »ippn)hi(ius insults and 
illoberal reflections wore plentifully thrown out to 
stimulate i*eveuge against hitn, which at length was 
Hpffecte4i; and tho' perpetrated at a place, and in such 
^manner, as without all doubt the actors must be known 
to huiKh*eds of the inhahitants of the Colony, is hith- 
Herto kept so secret that all our enquiry has been inef- 
Hfcctual to fix with certainty u[»()n any particular per- 
Hflon concerned in the outrage— and to keep this matter 
secret is now become a common cause— I am not with- 
out hoi>e8 however that the noble i-ewanl offer'! by his 
^Majesty's proclamation may bring forth proof direct 
id indisputable. 




i 



VDMtNISTKATIOK OF OOVBRNOR FKANKL1K. 



398 



Tho' it may be improper as I observed l)ofore for rae 
singlv to impart to your Lordsbip any particulars of 
the Evidencre which !mve been hitherto piTKiiicc^ to 
us. yet as your Lonlship was pleased to transmit to 
me the Flxamination of the Negro Aaron; and by the 
language of M- Pownals Letter seemed to be consid- 
ered an a discovery of consequence; 1 think it may be 
proper to acquaint your Lordship, the credibility of 
his testimony is exceedingly questionabhi in every ar- 
ticle, and upon the whole I cannot help thinking that 
our enquiry is rather disgraced than aided by his in- 
formation—he appears to l>e an Indent-ed Servant or 
appi*entise to a reputable Planter, from whom he rau 
away and came on board a Man of War to inUst as a 
Seamen — upon the Captains obtaining intelligence 
that he was a runaway Servant, he determined to 
have liim punished and disc^hargetl from the Ship, and 
whilst they were preparing to punish him, a Sailor de- 
clare<l he remember*? him on board one of the Boats 
with the ix?oplo who burnt the Schooner, which being 
told to the Captain he ordered the fellow to be released 
from punishment, and to declare what he knew of 
that tmnsaction. who then, and not before gave the 
narrative which Admiral Montague sent to your Lord- 
ship, and which he has repeated before the Commis- 
sioners, but intermixed with so many misUikes. con- 
tradictions, and impi-obabiHties, that it was hardly 
worth attending to, and after all his Master and his 
two fellow servants if called ui>on are ready to sweai' 
positively that he was in Bed and asleep on the night 
the Schooner was burnt." 

There am only three or four of the Sailors who 
formerly belonged to the Gaspee now in America and 
their Evidence amount to little more than thn attack 
and destruction of the Schooner. Capt. Duddingstou 
certainly W- be the most material Evidence to ostab- 



8m ftlso H. T. Ool. DOGI.. Vm., 880. 





N 



some facts, and by his Letters to the Admiral he 
to think he sli*? be able to ^x upon some of the 
Villains. 

The l)ehavior of the people during our stay at New- 
port was perfectly quiet and oi*derly; several of the 
Magistrates voluntarily oflfer'! their service to aid us in 
the execution of the Commission, but from the ac- 
counts whc I piokwl up of their Conduct, and speeches, 
I considered tlieir offera no better than a disguise 
to come at the knowledge of such pereons as might be 
ac:oused, and then to aid their escape, so far from the 
Magistrata*? of the (.■olony being dosirious to bring to 
light and jmnish the offenders, it is a fact that a Court 
of Oyer and Terminer has l)een holdeu in the County 
in which the Schooner was burnt, and no sort of no- 
tice was taken of it, either by the Court or Judge. I 
observed before as secrecy is now l>ecome a common 
cause, the Magistrate, or Officer, who sh'! show him- 
self active in any prosecution against tlie offenders, 
w^ surely find himself out of place at the next elec- 
tion, and to have a share in the Government of this 
Noble Colony, is a most desirable object, and eagerly 
sought for. in short I nnist tell your Lordship in 
plain t»^rms, that T am really of opinion no Magistrate 
or Officer of Rhode Island w"? ever lend a hand to com- 
mit any person tho' ever so fully charged with the 
crime we have in view, to the Custody of Admiral 
Montague bo be sent to England, there seems to bo an 
univei-sal abhorrence of such a proceeding not only in 
Rhode Island but in all the neigJiboiu'ing Colonies in 
truth 1 am persuaded that nothing but an anned force 
w! effect it. 

I ought to appologize for tho length of my Letter 
nd the hast in which it is written— I arrived at this 
place from Rhode Island yesterday in my way to New- 
Jersey, and finding that a Packet will sail to morrow, 

was wilhng to take this oppoiiuuity for writing to 




Wi AliUINIBTUATION OP OOVBRNOK PHANKLtK. [1773 

your Lordship, rather than wait for another packet — 
I hope I shall not be tlioiight to have been inipro|>*n'Iy 
officious in what I have wntten. I conceived it w** be 
some satisfaction to your Lordsliip to be infonned of 
some particulars of the progress of a Commission, 
wch tho' extraordinary in its nature, seems proi»erly 
adapted to vindicate the authority of the Crown, and 
secure that ol>edience to Law and Government, by 
which alone distant Colonies can be held in Sub- 
jection, 
I am ray Lord with the utmost respect 

Your Lordships most obedient 

and most Hum'' 8erv* 
FiiEUKttiCK Smvtu. 



Letter from Gov. Franklin to the Earl of Dartmouth 
relative to tlui petition from the Presbyterian 
Clergy, 

[Vtora P. B. O.. America and West todies. Vol. 177 ( Iff).] 

BuRUNOTON, Feb7 27"- 1TT3 
The Right Hon*»»« the Earl of Dartmouth 

3fy Lardy 

I iim honoured with your Lordship's Dispatches of 
the SV" and D'-* of Dec-ember, enclosing His Majesty's 
most gracious Speech to both Houses of Parliament, 
together with Copies of their Addresses.* The Una- 
nimity with which the Addresses passed the res]>ective 
Houses must affoi-d a Pleasure to all His Majesty's 
faithful Subjects that can only be heighten'd by a 

• At the cvfMtning of Parllunetii, November M, ITti. The Speech, awl mint 
quentljr the AdilivflmsM, eiinlAineil mt ulluiiioiui to Anitfrican aifBirs. Tbejr air rIvmi 
In full In Dodftlejr'A Annual Bef£l«ter for 1773. pp.i£fiM. 




1773] ADMlXISTfiATION OF GOVEOKOA FRANKLIN. 401 

Termination of the Session as happy as the Com- 
mencement. 

As Sevoml Ai>plications have been made to me, in 
order to know His Majesty's Dotermination with re- 
spect to the Petition from the Presbyterian Ministers 
for a Charter, (which 1 transmitted to Lord Hillsbtjr- 
oiigh in my Dispatch N? 4i», and which his Lordship 
promised should bo laid beforts His Majwsty) I should 
be glad to be enabled to give the Petitioners an 
Answer. 

I have the Houour to be. ^vith the greatest liespect, 
& Kegard, My Lord, Your Lonlship's 
. most obedient & most humble Servant 

^^^ W? FKANKilN. 

I Lette 
I rdi 



Letter from the Earl of Dartmouth to Gov. Franklin^ 
relative to the salaries of the ojfic-ers of tfie Croivn, 

IFrom P. R. O., America wid Weet Iniliea, No. IW.J 

Whitehall March 3*f 1773. 
Governor Franklin. 



T have received your letters of the 4'." & .5*^ of Jan? 
N- 3 & 4. and have laid them befoi'e the King. 

I concur with you in opinion as to the Justice and 
Policy of allowing M' Hkiimer a Salary more adequate 
to his Merit and Services; but I must not confine that 
Opinion to his C'ase alone; The same Attention is due 
to the case of every other Officer of the Crown in the 
Colony, and I should do Injustice to my own Senti- 
ments of your Conduct, if I did not make your situa- 
tion the first object of my Attention in any Consider- 
ation of the Merit of those Otticers. 

You nmst be sensible, however, Sir, that this is a 
matter which depends upon the Judgment and Upin- 
»6 



40$ ADMINISTRATION OP OOVEKNOtt FRANKUN. [1773 

ion of other Departments of the King's Government; 
but I will not fail to give every Weight in my power 
to your pTOpor representation of the Hardship sus 
tained by the Servants of the Crown in tlie Colony, & 
to recommend a more adequate EHtabLishraent for 
them. 

lam &c* 

Dartmouth. 



Order in Connvil direclinrj the Lords of Trade to re- 
port respecting alterations in the insfructions to 
Governors, touching the grant of lands, 

IPmm p. R. O., B. T., Plantadcns Geoeral. No. 87, V 4BlJ 

•j^^ At the Court at ST James's thk ' 
1^1 I^^Y OF April 1773. 

Present 

The King's most Excellent Majesty. 
Lord President Earl of Rochford 
Earl of Suffolk Earl of Bartmoitth 
Earl OF Sandwich Lord Mansfield 

Whereas it has been Repi^sented to His Majesty, 
that the State and Condition of His Majesty's (Colonies 
and Plantations in America, do both in Justice and 
Expediency, require that the Authority for Cxranting 
Lands contained in the Commissions and Instructions 
given to HiB Majesty's Governors in the Plantations, 
should be furtlier ivgulated and lestrained. and tliat 
the (.Ti*antoes of such Lands should l}e subjected to 
other Conditions than those at present prescnbed in 
the said Instructions; — His Majesty havinji taken the 
same into His lloyal Consideration, is plojisecl with the 
Advice of His Privy Council, to Order, and it is hereby 



1773J ADMINISTRATION OF OOTERNOR FRANKLIN. 



403 



I fit ai 
Hesty 



I 



Ordered, that the Lords Coinraissionei*8 for Trade aud 
Plantations, do take into their immediate Consideiu- 
tion, the Powers and Authorities for gi-anting lands 
contained in the Comraissions aud Instructions to His 
Majesty's Governoi*s in the Plantations, and that the 
said Lords Commissioners, do Represent to His Maj 
esty at this Board, such Altemtiona as they shall tliuik 
fit and necessary, to be made therein— And His Maj- 
esty is hereby further pleased to Onler, that in the 
n time, and until His Majesty^s further pleasure 
signified, all aud every His Majesty's Governors, 
Lieutenant Governors, or other Pei*sons in Command 
iu His Majesty^s Coloiiies in North America, who are 
Entruste*! with the Disposiil of His Majesty's Lands in 
the said Colonies, do forbear upon Pain of His Maj- 
esty's highest Displeasure, and of being iinmwliately 
removed from their Offices, to issue any Warrant of 
Survey, or to pass any Patents for Lands in the said 
Colonies or to grant any Licence for the pui-chase, by 
private persons of any Lands from the Indians, with- 
out especial Direction fi-om His Majesty for that pur- 
pose, under His Majesty's Signet or Sign Manual, or 
by Order of His Majesty in His Privy Council, except- 
ing only in the Case of such Commission, and Non- 
Commissionetl Oflflcei*s and Soldiers, who ave Intitled 
to Grants of Land in Virtue of His Majesty's Royal 
Proclamation of the 7"' Octol)er 17«i;i, to whom such 
Grants are to be made and passed, in the jiroportion, 
and under the Conditions prescribed iu His Majesty's 
said Proclamation. . 

Steph; CorrKP^LL, 



404 



ADMINISTHATION OF OOTERNOB FRANKLIN. [1773 



Lett^from the Earl of Iktrimouth to Gov, Fraukliu, 
rciutive to the application made by tfte Freab^ter- 
ian viinisters. 

[From P. B. O. America Bod West Indie*. Vol 177 (105). | 

WuiTEHAitL 10"* April 1773, 
Grov". Franklin, 
Sir, 

I have rec"* and laid before the King your Jjetter 
the -IV-* of Febry N? 5, and wiU not fail, in conse- 
quence thoiH?of , to give the fullest Consideration to the 
Application made by the Presbyteiian Ministers, 
stated in your Letter to Lonl Hillsborough N" 4o. 

At present I can only say in the general View of it, 
& of the benevol(^nt purpose for which it is designed, 
that it docs notapi^eai* to mo to be unreasonable; and 
thertifore it will l>e a Satisfaction to me to find, upon 
a further Consideration, it is in all res|)ects of such a 
nature that I c^in recommend it to tlie King for his 
Majesty's Approbation. 

I am &c? 

Dahtmouth, 



Letter from the Earl of Iktrtviunth to Vhirf-Jnative 

Siuyth. 

[From P. R. O. Amvrtca £ WeM Indies. Bnlry No. I«0.| 

WnrrKHALL 10'." April 1773 

Mr Cliief Justice Smyth. 

Sir, _ 

I am very much obliged to you for the favor of your 
Letter of the 8*." of Febry last, and for the veiy sensi- 
ble Remarks it contains, which may, at some future 
time, be of great Use to Sir &c* 

Dartmouth 




1773] ADMIKISTRATION OP OOVERNOR FRANKLIN. 



405 



ft 



letter from (Jov. Franklin to the Earl of Dartmouth ^ 
relative to the more culequate establishment of the 
Servants of the Croum in New Jersey, 

[From p. a O. AmerlcA and Wimt Indim, Vol. IfiC.) 

Burlington May 31'^ 1773. 
The Eight Hon*^^ the Earl of Dartmouth, &c. &c. 

My Lord 

I am honoured with your Lordship's Letter of the 
3^ of March N. 4. 

Your Lordship's favoui*ablc Sentiments of ray Con- 
duct, and your kind Promise to give Weight to my 
Af)pHcation for a more adequate Establishment for 
the Sei'vants of the Crown in this Colony, do me so 
much Honour, that I shall ever reflect on them with 
Pleasure, and hold myself greiitly obliged to your 
Lordship, whatever may he the Event of your En- 
deavours on the Occasion. 

The Reason why I did not particularly mention the 
Case of the other Officer's of the Crown, as well as 
that of the Governor and Attorney General, was be- 
cause there was none of them in Such immediate Ne- 
4Kssity of an Augmentation of their Salaries. 

The Chief Justice had but just before had a hand- 
some Allowance Settled on liim by His Majesty; and 
the Assembly had, at their last Session, eucreased the 
Salaiies of the two Puisne Judges (or Assistant Jus- 
tices of the Supream Court as they are called) to 
double the Sum which had lK?en formerly allowetl to 
those Officers: with which they (who ai*e Men of For- 
tune in the Country) seemed well satisfietl, at least 
they have never given me the least Intimation to the 
contraiy. I think, however, that tlic Allowance is 




400 



ADMINISTRATION OS QOTSBKOS FBAKKLIN. 



Li77; 



still far from being adequate to the Dignity and Im- 
portauco of the Station, and that were it augmented 
it would be attended with good Consequences to the 
Publick, i)articularly by inducing Gentlemen of Char- 
acter, and Knowledge in the I^aws, to accept of the 
Office. 

Tlie present Secretary has the valuable Offices of 
Register of the Prerogative ()ffice and Clerk of the 
Supream Conrty included in his Patent, which was 
never the Case before his Time, though those two 
Offices were generally by the Indulgence of the Gov- 
ernors for the Time being executed by that Officer, 
owing, I suppose, to their not being of much Value 
separately in the Infancy of the Colony, and to the pub- 
lick Allowance for a Secretary & Cleik of the Council 
having always been, as it still is, greatly disproportion- 
ate to the Services. Should it therefore be thought 
more advisable hereafter to sejiarate those Offices, and 
to appoint distinct Officers for the Execution of them 
(;is I tJiink would be I)e8t on many Accounts, [Mirtiru- 
lariy as it would give Government an Opportunity of 
obliging more People of Consequence in the Otrfony) 
it would then l»e necessary to encrease the Allowance 
to the Secietary and C'lerk of the Council. At present 
he is in a more eligible Situation than any other officer 
of the Colony. 

I have the Honour to be, with the greatest Respect 
and Rf»gard, 

My Li^rd, Your I^ordship's most olxnlient 
i\: most humble Servant 
W? Frankun 



1773] ADMINISTRATION OF OOVKBNOR rHANKUN. 407 



Letter from the Earl of Dartmonth^ relaiii.^ to the 
peiifion of the Presbyterian Ministers, 

[Frooi P. R. O. Amorfea uid West ludlM, \'iA. \7J kVKU 

Whitehall ■2'* June 1773. 



Governor Franklin 



Sir 



Since my Letter to you of the 10^ of April last the 
Petition of the Presbyterian Ministers foi* a Charter 
has l>een fully considered; and I have the Satisfaction 
to acquaint you that His Majesty is graciously pleased 
to permit you to affix the Colony Seal to a Chartei' for 
the purposes expi*essed in the said Petition, provided 
it be made conformable to the last liei>ort of the At- 
torney General and to the Sentiments of the Council 
contained ii; their Minutes transmitted in your IDis- 
patch to the Earl of Hillsborough N"? 4o.— 

I am &c* 

Dartmouth 



Letter frofin Governor Franklin to the Earl of Dart- 
mouth., relative to t/te Boundary Lint between 
New Yortc and New Jersey, 

tFrom P. B. O. Amerfoa and West Indtn. Vol. 106.] 

BuKLlNGTOX July 5"" 1773. 

Right Hon^'" the Earl of Dartmouth 

My Lord, 

Having l)een just infomied. that the Act passed in 
this Province at the last Session, for establishing the 
Boundary or Partition Line l>etween the Colonies of 



408 ADMINISTRATION OF OOVEJlKOR FRANKLIN. [l773 

New York Sc New Jersey, was, by some Mistake or 
other, transmitted without being exemplified under 
the Province Seal, and that it would have been imme- 
diately confirraed had it not been for that Omission, 
I have, though I scarce know how to credit the Infor- 
mation, ordoied another Copy to be made out, which 
I send herewith. I ti-ansmitted the foimer copy with 
my Letter of Novr 28, 1772 (N2.) together with the 
otiier Laws passed at the same Session. 

I have the Honour to be, with the greatest Respect 
& Regard, 

My Lord, Your Lordship-s most obedient 

& most humble Servant 
W!* Fkankun 



Tetter from the Earl of Darimonfh io Got\ Frankliu, 
relative to the support of the King's Goveniment 
in New Jersey. 

[Trom r. R. O. Amer1o» and Wnt Iwlleg, Vol. IflS,! 

Whitehakl^'" August 1773 
Gov' Franklin 

fSir, 

T have rweived your TiOtter of the 31'* of May N? 6. 
and have laid it lu'fore the King. 

The deficiency of the Fund appropnatwl by Parlia- 
ment for supporting the Civil Rstablishnients in 
Anionca, has for tlie jirosent thrown dirticultics in tin; 
way of my wish to soe a moi-e adequate and proper 
provision made for the sup])oi-t of the King's Govi^ni- 
ment in New Jei-sey, but I l»eg you will be assured 
that I will not discontinue my Solicitation on that 
Head, and shall Iw glad of any opportunity of testify- 
ing the Regard with which &c' 

Dartmouth. 



1778] ADMINISTBATION OF nOTERNOR FRANKilN. 



409 



Letter from Onr. Frmtklhi to the Earl of Dartmouth , 
expresshuj the satisfaction of tlte Presbyterian 
Clergy^ etc, 

IFrom P. R. O. America uid Wnt Iodic*. Vol. 177 (1B6).] 

BURUNOTON Oct! 1S^" 1773 

The Right Hon*" the Eai'l of Dartiuouth, &c 

My Lordy 

Having been niucli indisposed at the Time of the 
Sailing of the last Packet, it was not in my Power 
sooner to acknowledge the Receipt of your Lonlship's 
Dispatches N* 5, & G, and the Circular Letter dated 
the 5^" of July. 

The Presbyterian Ministers are much pleased with 
the Permission His Majesty has given me to pass the 
Charter they had requested; which will l>e done at the 
next Meeting of the Council. 

I am collecting Materials to enable me to give a full 
and particular Answer to the several Heatls of Enquiry 
contained in your Lordship's (Circular Letter, and 
shall lose no time in obeying His Majesty^s Oi-dei-s in 
that respect. 

I should be glad to be informed Whether His Ma- 
jesty has approved, or is likely to confirm the Tlii*ee 
Ads i>articularly mentioned in my Letter of the 2s*J' of 
Nov*.^nil>er I77ii. 

1 am, with the gi-eatest Kegard and lies|)ect. 
My Lord, Your Lordship's most obedient 
& most humble Servant 

W" FUANKLIN 



410 



ADMIVISTRATIOK OF OOVERN'OR FRANKLIN, 



[1773 



Representatio}i from the Lords of Trade to the Kiuy, 
with draft of instructions to the Governors in 
America relative to the naturalization of aliens^ 
divorces, and titles to lands. 

[Ftom i*. R. O. B. T. Pkstatk/iu Oenerml, Vol. U. p. 468.] 

Whitkhall Octo^ 2H, 1773 

To the Kings most Excels Majesty. 

May it please Your Majesty, 

In obedience to Your Majesty's Orders in Council, 
dated the r* of last Month, we have prepai'ed and 
herewith humbly heg leave to lay before Your Majesty 
draughts of additional Instructions to the Govenioi"a 
or Cornmandei-s in Chief of all Your Majesty's Colo- 
nies and riantatious in xVmerica, conformable to the 
I)iI^*ctions contained in Your Majesty's said Ordei's. 
Which is most humbly submitted. 

Daktmouth. Rubekt Spencku. 

Bamber Gascoyn'r. W. Joupke. 



Additional Instruction to Our Trusty and Well- 
beloved Francis Legge E-stj' Our Captain 
General and Governor in Chief in, and over 
Our Province of Nova Scotia and the Is- 
lands and Territories thereunto belonging 
in America; or to the Commander in Chief 
of the said Province for the time teing. 

Given at Our Court at St. James's the 

day of in the year of Our Reign. 

Wbeivas We have thought fit by Our Oi-ders in Our 
Piivy Council to disaDow certain Laws })assed in some 



1773] ADMINISTRATION OP OOVEBNOR PRANKUN. 411 

of Our Colonies and Plantations in America, for con- 
ferring the Privileges of Naturalization on Persona, 
being aliens, & for Divorcing Persons, who have been 
legally joined together in lioly Marriage; and whereas 
Acts have been passed in other parts of Our said Colo- 
nies to enal)le Persons, who are Oiir Liege Subjects by 
Birth or Naturalization, to hold and inherit Lands, 
Tenements, and real Estates, although such Lands, 
Tenements and real Estates liad been originally 
granted to, or purchased by Aliens, antecedent to Nat- 
uralization; It is Our Will and Pleasure, that you do 
not upon any Pretence whatsoever, give your Assent 
to any Bill or Bills, that nuiy have been, or shall here- 
after l>e ]»assed by the Council and Assembly of the 
Province under your Goveniment, for the Naturaliza- 
tion of Aliens; nor for the divorce of Persons joinefl 
t<jgether in holy Man-iage, nor for establishing a Title, 
in any Pei-sons, to Lands, Tenements, and real Estates 
in Our said Province originally gianted to, or pur- 
chased by Aliens, antecedent to Naturalization. 



liistrtwtions io the Cfovemors in North America 
agaiust pausing Acts of Naturalization and Di- 
vorce. 

[Tram Npw York Colontnl DooiimpnU. Vnl VIII. p <09.| 

George R 

[l. s.] Additional lustructions Dated 24 Nov 

177;^ 

Whereas Wo have thought fit liy our Oi'ders in 
our Privy Council to disallow certain Laws pa,sse<l in 
Bonie of oin* tViJonies <fe Plantations in America for 
confemng the Priviledgos of Naturalization on j>erfions 
being aliens, and for divorcing pei*sons who have been 



412 ADMINISTRATION OP OOVERNOR FKANKLfN. [17?^ 

legally joined together in Holy Mairiage: And where- 
as Acts have been passed in other of our said Coloniea 
to enable Persons who are our Jjiege Subjects by Bii'th 
or Naturali^safciou to hold and inhoiit Lands Tene- 
ments and real Estates [which] had been oiiginally 
granted to or ]iurohased by Aliens antecedent to Nat- 
uralization; It is our expi-essed will and Pleasure 
that you do not upon any pretence whatsoever f^ye 
your assent to any Bill or Bills that may have been or 
shall hereafter l>e passed by the Council and Assembly 
of the Province under your Government for the nat- 
uralization of Aliens, nor for the divorce of pei-sons 
joined together in Holy marriage, nor for establishing 
a Title in any Pei-son to Lands, Tenements & real es- 
tates in oui' said Province oiiginally granted to, or 
pmrliased by Aliens antecedent to Naturalization. 

G. R, 



Extract from a letter from Cortland Skinner io Philip 
Kearny, relative to the proceedings of the Assem- 
bly in regard to the Treasurer. 

(From Skinner Papen amctag H&niuierlptif of W. A. WhJteboad, Vol. 9, No. ML] 

rr Sir 

* * * * How our politics wiU turn, I can't say. 
Our politicians look sharp for a ffivoi^able Something^ 
wliich is not yet found out io attack the Govr I in- 
close you his speech, the W4H*ds, ** C'onfessions of some 
of them, corroborated by several striking circum- 
stances," have been pitclied u|)on and largely s{)oken 
tc», & tho* the Gov' laid all his pa|K?i*s Ixifore lis on 
which he founded his sentiments, yet we liav*» wisely 
sent him a message i-equesting he will point out the 
striking cirrMunstauces &c. The Gov' has not nHurned 
any answer to this message d«^Uvi*i*ed last uiglit. I 
look u|)on tliis as an Essay, and wlieu tlie Gk>v' tellsi 




r 



U8 on what he founds his opinion, if possible, it will 
be made the Subject of Debate. I find that three lead- 
ing nieml>ers are dett^niiined not to pay any regard to 
Confessions however supported by the most striking 
ciirumstances, nay, I believe that some would rather 
that the robl)erj was never discovered than the favor- 
ite scheme disap|x>inted, the removal of the Treasurer 
and the favorite Controvei*sy it W* open; the nomina- 
tion of the Ti'easurer by the House and removal only 
by them is the darling obje<:;t to which every other 
Consideration would be sacrificed. The week will 
op<^n the Budget when we go upon the Gov" speech. 

Rewards of 3'iOi: each for Ford & Richardson and 
fifty [>ounds for King have been voted by the House, 
but they w^ not join the Gov' and Pennsyl" in send- 

g men to apprehend them' * * •. 

I am &c Your Affect^ & Dutiful 

CoRT" Skinner. 



■ AmdMvitm tmwtxig been made before [>»rjd Ogden, one of the JiulKtw of thv Su- 
preme Court of Itew Jvnuj. tliat Ford and Rlchardflon had been counterfeiting 
PfnnKylvaniA hills of credit, Judffc Ofcden 8vnt the aflltlavItA n-ltb sondry letten to 
Ihc Suprotne <.Viurt Judficnt uf Pi^uiisylvanlo, wliu laid tlii'in hufure the OoDetml Aa- 
aembly of that body, which themupon "September 38, 177S) requested the OoTBmor 
U» offer a rewanl of £900 mch fur the arrrst of Joseph RichardHcm and Samuel 
Ford and tbclr delivery to the Sheriff of PbilailelpUia al the county JalL—iVntt. 
ArehivcM. TV., 4<W The Governor iamied a proclaniatlan ftocordlnely.— Penn. Cot. 
Keoorda, X, 99. tt does not appMu- that idUifr of the men vraa arrtwted at thb 
Ume. One. Samuel Ford, wa^ appoint^^l July 9, ITTT, by the Btote Nar; Board of 
Pena^WanJa to be Sticoml IJ<*tit4*n«nt of Uir Effinphiim artnetl boat,— Second Pmn. 
Ardiive*, L. Iffl. During tlie alta4:k ou Fori MiOliii iNore-mber 1. ITTTV) FonI de- 
aened, for which be wiw executed In Soptembpr, 1778.— /b.. £39; /Vnn. Col. Rec- 
OTtU. Xl., SIEi-0. Prubably Uibt was not tiw New Jt>raey counterfeiter, howerer, for 
the Rot. Dr. J. F. Tattle says the latter itettled in Virginia, taking the name of 
Baldwlu, and llvi>d there many y>*a^^ after thr v/nr - Annnia nf Slarri* County. W. 
HJa accompllee, RlclmrdsoD, was arrested In Pennsylvania in February, 1777. and 
omunitted to the Lancaster jjiil for eouuturfeillnK- and, doubtlesK. on HUMpkrinn nf 
liVlnX dlaaffected lo the Am.'ricnn caiim. — Pfnn. Archtvfs, V.. 230. 94H 9. 301, :rN; 
Penn. r»l Necorila, XL, no. tu Mnrrh iTm. he was oommitted to thePliUadelphla 
jail for the sAtni' offences, but was tltschoived ou May 6 on condition that be woi Jd 
Icarr I'etinsylvnnta and irn to " s-imc othiT port of America not In posaawlon of the 
enemy."— i*ffiin. Cot. Recorih. XII., smo, 'JB. IVrltajM he rt*Jained Ford in Virginia 
John Kintf. Deputy-Sherlif of Mnrrla county, waa xuHpectod of complicity with 
Ponl and KJcliardsoD in their utmN-rfWUn.^ Mpemllons In that county, and pomfbly 
In their nlleged robb?ry of the Tr>>asury la ITUH. He aefnistHl Sheriff Thunias 
Kinoeyof mnnlvlnrattbe escape of Funl.—.V'Hii(e«a/ Council. Feb. II, 1771. post; 
AHHaUof Morris CoanCy, 90; iVuc. Jf. J. Hist. Soc, Beptumlier. 1800, M.— (W. N.J 



nUSKLUI. 



fl??3 



lo FkHip 
m refers 



Kearny— 

we io the 



T«La.]io.n.l 
S Dec? 1773 

aa immediate 
t la Expectation tbat 
taM aaxrant of our 



ij tu the re- 
ef tbe coafeGSsions, 
theOL, that induced 
bbfldbvFord. The 
uDexception- 
r; il vas cmfy the govemor^s 
OB BKftiL «f vWkh ft^f ooaU judge, and dif- 

10 inapect the papei^ 

to bnr ttM envvMr. o€ whkh Un Kin- 

r, of ooMrse was ott»L Et>«rT [darj since, be has 

■ hoffwJ m. kis «tta» vnliaK for his life, for what , 

■ nol robb«l viiicli I tkaak be will not be hardy 
to da He gives ool klisft if lightuinK had 

hlHled the Uumu tt, Slimier m liable, and I fvar lie 
kaa nuwor enoogh, if Ihat bad been ibe case, and be 
bad it in bis power, to cump*^*l him to pay it. AH pub- 
lic bosiDeBB is aft a stand, the GoremoKs q>eech uol 
jrei read in the bouse, but kept back with support, &c. 
dec. until the Governor, I suppoee;, shall be induced to 
submit to their demands. • ♦ • • ♦ 

Affec" &c, 

OoRT* SiQunns 



ADMINISTRATION Of OOVEONOR FRANKUN'. 



415 



Letter from Cortland Skinner to Philip Keartiy^ de- 
tailing the proreedinrfs of the Legislature, iii rela- 
tion to the Treasurer. 

\XTom the Skinner Pnpen WDOtw Manuscript* of W. A. WhitehcAd, ToL II* TSo. n.| 

Burling", W Dec, 1773. 
Er. Sir 

For these three days past, we have had under con- 
sideration the tretneiidou8 reiH^il of the coininitt'ee, 
which has been prepanug since the '30th of last month. 
It consists of 75 pages in Mr. K's hiuid writing. It is 
now before the fTovern^M- and Council. The commit- 
tee thought it an artful measure to make it only a re- 
port to the house, and not a message to the Governor; 
not considering that their daily minutes were laid bo- 
fore him. He has now got it, and it is a vindication 
of Saml. Ford against the aspersions cast on him by 
the Governor; — an argument in answer to the Gover- 
nor, that the ti'easury was robl>ed; — reflections upon 
the conduct of the Gov. and Council, touching the ex- 
aminations of the convicts:— a censure ui>on the offi- 
cers of government at Morris Court:— and yet a salvo 
for their mistaken zeal:~a declaration that Ford did 
not rob the treasury:— insinuates that it was not 
robbed: and yet that it was roldied; with at least a 
dozen baa>faced lies, that the jounials of the House, 
will show with many moi'e contradictions and absunl- 
i ties than I have time at present to enumerate. To 
contend was in vain: an absurdity pointed out was 
reconcile<l by the question, and the report carried by a 
gitiat majority. I have never had more ottcasion fVir 
temper, and I think I have had a share of Job's on this 
ti'ying occasion. * * * ■* During these debates, 
the treasurer presented two memorials praying and 
entreating to be tried; all are disregarded as yet, and 



416 ADMIlfXSTEATIOK OF GOVERNOR FKANKUN. [1774 

by this report the Gov. is to turn him out for his niiB- 
fortune, while the assembly descend to plead the cause 
of Sam Ford, who they confess to be an arch vilHan. 

To-morn^w tlie House will determiuo on these me- 
morials. How, you will easily guess, from the account 
I have given of their report. In short, right or wrong, 
the opinion of the House is to be followed, and dance 
as we will the people are to pay the fidler. * * * 
Tlie rei>oiii waa cei-tainly framed to prevent any favor- 
able impreasion on the ptH>ple, with I'cgard to the treas- 
m-er, fix>m the Gtovemor's message. Its length and 
falsehood will take time to confute. * * » 

I am, deal' Sir Your affect" 
CoRT^ Skinnku. 



Letter from tfte Earl of Dartmouth to Governor Frank- 
lin, informing him that the Boundary Line between 
New York and New Jersetj had been approved by 
tfte King, ami that the Lottery Act wan under 
consideration. 

[From p. a O. America and West ladloft. Vol. 177 (11B>.1 

Whiteuall 84* January 1774. 
Governor Franklin. 

Sir, 

I have received and laid before The King your Let- 
ter of the is^?* October. 

You have alixjady been acquainted that one of the 
Three Acta transmitted in y4>ur Dispatch of the I'sV' of 
November 1772, which you are anxious to know the 
fate of, has received His Majesty's Royal Allowance 
& Approbation, and I have now tlie satisfaction to in- 
form you that the Act for est;ibhshing a Boundary lie- 
tweeu New York and New Jeraey has likewise been 



ADMINISTRATION OP OOVERKOU PRAKKLIN. 



417 



appi-ovod of by His Majesty in Oouncil; But as I iin- 
derstaud it is considered at the Council Oftice a^a bus- 
iness upon which Fees are to he paid tlie Onler of 
Confirraation will not be issued until the A^ent for 
tlie Affairs of the Province makes application for that 
pui7x>se. 

With respect to the Lottery Act, T am informed it 
remains for Oousidi'iation at the Board of Trade, ct I 
will not fail to apprize their Lordships of what yon 
say in favor of it. 

I am &c^ 
Dartmouth. 



Draft of instructions to fhr Representatives in Assem- 
bly from Hnrlimjtoa County^ relative to the dis 
cfiarije of the Eastern Treasurer from his linhit- 
ifies. 

fFrom New Jerwy HMoricAl Society Maniucripla. W J., No. ITI 

To T. B & R. B.^ Rei)re.sentatives in Assembly 
for the County of B[urlington] 

Oentlewen 

Wee y'' Board of Justices and Freeholdei-s of the s'* 
County think It Incunil>ant on us to signify t>o you the 
aprohation of tlie Good people of this ct>unty and the 
Gi-eatfull sence they Entertain of the Justice & Integ- 
rity of a Majority oE the House of Assembly at the 
last Sessions at Auiboy, lu Rekitit>n Uy the Eastern 
Treasurer, and to Ueturn yon our iMost Siucei*e thanks 
for the part you acted on that ocasion. 

It is so unconunon for Men to possess a sufficient 
Share of Integrity and Firmness to suport tliera In a 



• So ia Uif MS. The wprt'seulfttlve for BiirUnKton county In the twenty Mwond 
atitl Inst HnivinrtiU A»>Hunibly, oli^ctuil iu 1771, wtut Utiury Pojchou and Autitouy SykuL 

27 



4l8 ADiiryisTaATiox of ooverKor frankun. [1774 



FaithfuU Dischai^ of Duty, in oposition to the Vices 
and Interest of their superior in .stations of Govern- 
ment, that wiien any do thus Distinguish themselves, 
they aie Justly Intitled to the wannest Returns of 
Love and Esteme, and to be r^arded Friends and 
Fathers of the People. 

We allso think it Expediant at this Time to Give 
you our Instructions with regard to your Future Con- 
duct, on that and some other ocasions, Which, so Far 
as you adhei^ to, shall wee Consider you Itegardfull 
of our property and Interest. 

r> That you do not by any Law, Resolution, or vote 
whatsoever, Discharge the Eastern Treasurer fn>m the 
money s** to be stolen out of the Treasury untill such 
Robery is Positively and Clearly Proved, 

S'^ That you Continue to Insist on the Trejisurer 
being Displaced, and untill tliat is Done you Raise nt» 
money on any ocasion to be put Into his hands, Let 
the Consequences be what they may. 

3*? That you Give no Money to Carry on a Tryal, 
Except to a Comity of your own appointment* as wee 
think those who are the Most Interested in the Event, 
the i*roperest to conduct it. 

4V* That you no ways Countinance any Tryal wilst 
the s"" Treasurer is in posision of the pubHck money to 
Defend himself with, unless the Nessesity of the Case 
Require it, and that if he is not Displaced you Discon- 
tinue his Salaiy. 

5^ That you Streaniously op|x>3e jiassing any Ex- 
cise Laws in tliis Province. 

C"* That you opose passing a Money Bill on any 
other Footing, than as our Money hath Heretofore Is- 
sued, nor even then unless you are Convinc*nl that 
Ciniilating Cash is wanting, and that a Greater stock 
would he of Pnhlirk utility. 

By order of the Board 

J. S. cnrk. 



ilH] ADMINISTRATION OP OOVEIINOK FRANKLIN. 410 

Minutes of Council referrintj fo the representations 
against Thomas Kinneif^ Iliijh Sheriff of Morris 
County, for allowing Savmel Ford to escape from 
jail, 

(From BkliinHr Pnpent ainociK Manuscripte of W. A. Wliitnhnul. VoL 9, No. 35.] 

At a Council held at Burliugton on the li'^'Day 
of February 1774 

Present 

His Excellency the Governob. 

Mr. Stevens Mr. Stockton 

Mr. S. SiHTH Mr. Coxe 

Mr. Parker Mr. Lawrence 

His Excellency was pleased to acquaint the Board 
that he had some Time ago received from John King 
late the Under Sheriff of Morris County a Repi-eaenta- 
tion in writing containing sundry Charges against 
Thomas Kinney Esq, High Sheriff of the said County 
relative to tlie Escape of Samuel Ford wlio was com- 
mitted to the Goal of the said County in July last on 
Suspicion of having Counterfeited the Bills of Ci*edit 
of this Province — That His Excellency had caused a 
Copy of the said Representation to be delivere<l to the 
said Tho" Kinney Esqr in order that he might have an 
iOi)|>ortunity of answering Uw said Charges— That His 
'Excellency ha<l lately received from the said Thomas 
Kinney an answer in writing to the said Charge-s to- 
gether with sundry Affidavits in supfK)rl of the s** 
Answer, wliich Papei*s His Excellency was ple^ised to 
lay before the Board and to ask the Advice of the 
Coimdl thereen. 

The Council having taken the same into Consider- 
ation were of opinion that the Charges contained in 



420 ADMIKISTRATIOX Ot ooVernor ^raKklin. [1774 

the said Representation are not 8upi)0rted. But it ap- 
pearing to the Board that the said Thomas Kinney 
may nevertheless be blameable for Negligence in his 
Office respecting the Escajie of the said Samuel Ford, 
the Attorney General was called in and examined 
touching that Matter, who informed the Board that a 
Bill of ludictment was found against the said Sheriff 
by the Ui-aud Inquest of the said County of Morris for 
Misbehaviour respecting the said Escape whereupon 
the Council iulvised His Excellency to order the At^ 
torney to prosecute the said Indictment at the next 

Court. 

Cha" Pettit 



Menage of Otw. Franklin to tht' Assembly, fraiufmH- 
ting the reaigiiation of the Treasut-er^ Stephen 
Skinner, 

rFrom Kpw Jctwy HlHtorical Uaniiivriplii. E. J, No. flO.] 

Febi-uary 24, 1774 
Oentlemen^ 

Having Communicated your Message of yestei'day 
to M"" Skinner that he might sec the objections you 
have to his being Intioisted with the Money projxisfHl 
to t)e gi-anted tt» his Majesty at this Sessions, he has 
therefore presented me with a Memorial requesting 
Leave to Resign his office. In hopes that bis Resigna- 
tion maybe the Means of entirely removing those Dif- 
ficulties which have of late embarrassed and impe<led 
the ]>ublick Business. I have given my consent to it, 
and have with the unanimous advice of the Council 
appointed John Smyth,' Esq. Treasurer for the Eitstem 



< JuiiM Smyth waa o( tb« well-known Pertb Amboy fainlly of that name, prob* 
«bljr a aoD of Lawr«tice Smyth, and broUier of Ajidrvw Smyth. Hr wu •dralUed 
to Ihc Bar at the Au^urt Term, 1745. - rranm'c Sup. Ct. Ruir«, &H. In ITM Ut^ l0f 
iMlaturf uamitniimaaoni* of Uie «lcn*^r)i of nilli* of erwUi— .V. J ^rMiiy*. VIH^ 
M.ano. He waa a Vestryinan of at Pet«r'« (litirrh. iVrtii Amboy. 1T'I»«I. and * 
Wanlcu 1703-71. In ITSti bo waa appotated by U>e L««idature a* qd« ot the Co«n- 



1774] ADMIinSTRATION OF rtOVEKNOU FRANKUN 



421 



Division, and I hope his appointment will pi-ove agi-ee- 
able to your House. It would not be doing justice to 
Mr. Skinner if I did not subjoin a copy of his Menuu- 
ial that you may see from what truly public Kpiritod 
motives he has been induced to comply with your In- 
clination on this Occasion 

W? Franklin 



Memorial of St«i)hen Skinner 

To his Excellency William Franklin Esfi, Cap- 
tain General & Gtovemor in Chief &c. 

May it phase Your Eoccdlencyy 

The Misfortune which befell me in the year 17»i.s of 
being robbed of a large sum of the public money Com- 
mitted to my custody as Treasurer of the Eastern Di- 



mlnUonerg M entci and furuLth b&iTftck« for the soldlurt quortereil In th» province. 
Id 1700 hi> wiu namcfl an ime of the Comnilwionpn) to nvtvt an offlve In Perth Am* 
tK>y Tor the East Jonk>.T reconti. and in 17G0 won one of the Cntnmlssinutjni to erect 
• court hoiLte anri jaII at Ferlh Amboy.— IVTti^irAcad'f iVr/A .4mbov. SH^)-7-'). In 
17BS hn was appointed one of the Surrogates for Eant Jersey, and In LhaC year also 
Governor Hardy recommended liim for a seat In Uie Council, ai* a K<^utlenian of 
(•Mlltjr. — JV. J. Arrh ivfs, IX. . 3flO, 8(S6. The controvcrHy between O*»vi>n]or l-VankHn 
^And the Afleembly with reference to the robber^' of the treasury of Eaitt Jersey, 
whilo Stephen Sldnner was Treasurer, havlntr forces) Mr. Sklnner'i rwdf^natfnn on 
Felu-uary 'JR, 1774, the next day the Afweiiitily, which tiail long be«a neeklnp the 
rlKht to naine that ofllcer, took the liberty of nominating John Smyth for the kuc- 
oeMdan. the vote betnx unanimotia, and Heat up a menn^ lo that effect to (he <fov • 
emor before he had time to convene liiM CouuclL Afl the Council thought tbifl 
nilf;ht tend to heal thf' exl'itini; difference! b<'tween the Governor and thn fttnrm 
hly they rei?oiii mended the ap[K)intment of Smyth, and the Uovenior conxmiasloned 
blm afcordingly.— iV. J. But, Proc., September, liJOO. MMB. The HouM pUMKl an 
act at the same »nMian, Horch 11, tTT'f, requirlnK the Treasurer of each dirlvton of 
the Province to give £10,001) security, and alao oaother act on the same d*y direct* 
hiR Treasurer Smrth to bring suit a^calnst his predecessor for £6,570 da. 4d., being 
the amount atle^fed by Skinner to have been stolen from the treamiry while It was 
III tilM eitntiMly. in ord<'r lo " bring the Merita of thla ControvofBy " " to a fair and 
ksal Decision."— vliluoii'i Lntcn, 447-9. Smyth's loyalty was evidently Kunpeot«>tl 
ftt the breaking out of open hoeilllties with England, and this tus^ilclnn was intiMisi- 
Amt when be declined to act^ept from Col. Simuel Ford, Collector of Morrla county, 
Coniloental or CoaoDecllcut money, In payment of the couuiy'n taxen; UUh be ex. 
plained, howeror, when called upon by the Uouse in February. ITTfi. by ntatiug that 
be was doubtful if tbo Provincial I'onjcross would allow sui-h moneys In the HetUe- 
inent of his accounts; if they would, he wotild be perfectly willing to take Buch 
money, and wnul^l be pleowd to continue In office, under the Pntvinclal Congreaa. 
Being at the time disabled by disease trom movlug abvut with ease, he proposed 



422 ADMINISTUATIUK OP OUTERNOR PKANKLIN. (1774 

vision of this province has been greatly increased by 
the obscurity in which the perpetrators of tliat atro- 
cious Villainy have been concealed, and although my 
most zealous endeavours have not been wanting to 
have them discovered, arid such circumstances have 
at length been bnmght to light as serve to point them 
out with a great degree of probability, yet by an mi- 
foi-tuuatc concurJ*cuct' of other circumstances the pub- 
lic has hitherto uot received that full evidence of their 
guilt which seems necessaiy to cairy conviction into 
every mind, hence there remains with some people a 
Doubt that has been the source of the severest part of 
my Calamity, A doubtful mind is open to any plau- 
sible suggestion, and a man in publick station is sel- 
doni withiuit some enemies who ai'e ivady to rejoyce 
in his misfortune, and put the worst construction it 



tbttt the trviuiiry chest Ahould be placed tn otiarge of John Ht«'veuit. ontf of hla muxr- 
UcN, and Bs Mr. Steveoa' loyal^ was as undoubted na hiB Ananclal rviqioiuthfHiT' 
thlff vraM agttMsd Uj by Uic rru^iiicial ('oiigmui, luiil Rulivrt DruiDmnnd ir-movtHl tbc 
chest to New Bnuinwiclc. ilowvrer, the C'oii^rcM *raa Kill) ilbaatlKfled. aod od 
Ppbruary sn, 1776, appoliiU'd John [K'utLLit, of MldillcKrx, Tn'-ostirrr, to Hiccc«d Xr. 
Smyth, for Che Eastern UlYMoD.Mi nute^ Council of Sa/tty, etc.. for ITTEk-fi. SID. 
3to-l», 906^, 444; .V. J. Pet'ohitionary Corretpoufitnce. 1-5-S. On July 6, ITTf , Major 
Duyclcink, uf the MIdilU'wx mUtlia, amittMl Smyth, with ncvenU oUirr ittuq>fct^ 
peraona, but Mr. Smyth wuti relfawd on hlit parulv.— ICAiYr/irfrd'n Pvrth Ambon, 
830. On Joly 10 iht* PniTincial {V.nKrww unl'Twl (Inn Llvinp^tiin lo arrmt him 
atraJn, aod remove liim with any moitoyfl aud ••(Tccts of Iht' stalu stit) In bto poMM- 
sloD to Trenion. there to rt'moln under ^isixl. This appears!*) have been done, 
but Mr. Huiyth mok fouiid to be ilt*flc-jeul )u hU necfmutx to tbr oiuoUDt of £99), A* , 
t\t].—Minut($ Counrii u/.^i/cfy. etc.. iW, S£C. NothlDK ap|>i*ani to bave> bcrn dooe 
about thin, and Mr Siuylh niut Mtlll highly re)^rdt«l im acToant of his UitfynHty, 
Early in 1777 he rem jTed lo New YorV. when- be wa* otill Uvlxu; lu t TW. Hla naioe 
ilo«t not appear In the New York Ittri-i'lorj- for 17*1, however In Now Tork be 
WttM Tn-aauri-r of the '" Oty Funds * aiid was also Set-retary to Sir ReDr>' (Itnton — 
Jones's Xttr Yvrk,U. lOI, IM. As early a« I TTrl he ntu prominently Identllled wItt 
ihe Biuird of Ea^l Junsey Proprietors. —.V. J. ArrJtipts, VIU„ Itit, 300, Renic- 
c«^ed Lawrence Smyth as RpbIbut of the Board, and when lie removed to N«r 
Vnrk he took with 'dm the records, which wore uo* n-tumMl uutil i;S5. NevEvtlv- 
letw, John Rutherford, who went to Kew York to Ret the bookit aod pai^rn, was 
BaliHfled that "Mr. Sin>-th •teemed to be ortimted entirely by a n-i'tltude of Inten- 
tif»o."— JV. y. Geu. aud Uktu. Uf^wd, (Vlober. lr#*4, 14P; JfiKufu >i/ Ka»t Jrrtrp 
Proprietors, quoted In Early /^ij/b niiri Etirly Surufys of Bo*t .Ye»r Jfrtry. by WII. 
lUm RiMime, Morriatown. 1fN.*J, 4l>-ja. Mr. Smyth marriwl MaJvarrt. dmiKhter nt 
Andrew Johniiton, n Perth Amhoy merchant —Whitrhriiii, ut mpm. T3. It wa* 
|iorltaii« after removing to New York that be n.nnied -.M, HuKaiiiuii, daugfiter uf 
John Moore, of tliat dty.-X V. Om. nnd Biog. Record, Odober. lt«l, 1«, note. 
-tW. N.J 



1774] ADMINISTRATION OF OOVEKNOR FRANKLIN. 423 



will possibly bear on every part of his conduct; An 
uncharitable suspicion a^^ainst my moral character on 
this occasion has taken place in the minds of some 
persons in divers parts of the province, who have not 
had an opportunity of being duly informed of the 
truth, even so far as it has been discovered; this to a 
heai-t conscious of its own integrity, and looking for- 
ward to the hopes of a rising family, and the honour 
of worthy Connections, nuist afford the Keenest An- 
guish, and although the ktss of so mnch money as 
that of which the Treasury has been robbed, should it 
fall ujwn me, must be attendeil with gre^it distix^ss, 
and perhaps ruin to my family, it is a loss I would 
much rather sustain, were I driven to the uuhapiw al 
k*rnative, than suffer so odious a stigma to descend 
with my character to posterity. 

This, Sir, has been the chief motive that has induced 
me to solicit that my Conduct may be enquired into 
by a fair and iin])artial tryal, and the a[>probation that 
a removal fi*om my office might have tlie appearance 
of ray being supposed by your Excellency to be in 
some measure guilty has iuduced me to n^puvst that I 
might be continued in office until such tryal sliould be 
had you have been pleased Sir so far as it lay with yuu 
to grant me this request, and todeclam that you think 
it Just and reasonable, but to my great mortification 
the House of Assembly hath adopted a <lifferent opin- 
ion and seem disposed to support it witli nuich [>erse- 
verance; this dilfereuce of opinion has already given 
great interruption to that Harmony among the several 
Branches of tlie Ijcgislature which has hitheiio l»een 
one of the happy effects of youi* Excellency's Admin- 
istration . Dissentions and uneasiness have taken 
pW-e among the people, and the necessaiy measures 
of Government are threat-oned with ohstmctions 
which may be higlily jx^ruicious to tlie jjubiic jn^ace & 
welfare of the province, I sincerely thank you, sir, 



m ADMINISTRATION OF aOVKUNOB PRAKKLIV. [1774 

for the assurance you have been pleased to give me 
that you will not remove me from my office before a 
Tryal, but as I agree with your Excellency in the po- 
sition mentioned in yoiu" message to the Assembly 
that the interest of an individual ought not to be put 
in Competition with the public good, and as I am in- 
duced to hope that my Voluntai-y resignation of the 
office of Treasurer will be so far acceptable to the 
Honourable House of Assembly as to put an end to 
the unhai>py dispute now subsisting between your Ex- 
cellency and them, and thereby restoi-e peace to the 
province, I am willing to make the saciifice in full 
Confidence that I shall receive from the Candour of 
that Honorable House and the Public such consider- 
ation as is due to the heavy mifufortune in which I am 
through iiccideut involved; hut whatever may Ix; the 
event to myself, J will not be the cause of continuing 
a public contention which may, with its CA>nse«juem'e«, 
he abundantly more injuiious to the people than the 
loss of the money of wliich I have heen robbe*l. 1 
therefore request your Extellency's leave to resign tho 
office of Treasurer of the Eastern Division of New Jer- 
sey, and anlently hojie it will have tlio s;dutary effect 
I have menticnied. 
I am with great respect Your Excellency's 

Most obedut Innuble Srvt 
Si'ErHKN Skwnkk 



1774] AllUIMISTKATION OF U0V£ENOB FRANKLIN. 41^5 



Letivr from Governor Franklin to the Earl of Dart- 
mouth, rdative to the dispute concern iny Treas- 
urer Skinner^ arid the removal of Charles Read to 
St. Croiiv^ making a vacancy in the. Council, to 
which Francis Hopkinson is recommended, 

irrom r R. O. Amorico And West IikUpn. Vol \7t (106>.l 

BuKUKGTON Feb? 2s, 1774. 

The Rt. Hon*^" the Earl of Dartmouth 

My lA)rd 

The Assembly being Hitting, and I at present much 
engage<i witli the Pul>lic.k Biisineys, it is Bcaix^ely iu 
ray Power to do more (as the Mail is to be sent away 
To-morrow Morning) than to acknowledge the Receipt 
of Your Ijordship's Dispatch N? 7— two fi*oni M^ Pow- 
nal date<l 1" Sept' and IV Decern f — and one from M*: 
Knox of the 6*-' of Octo[ — the Oontents of wliich I sliall 
not fail to pay proper Attention to. 

The Assembly have been sitting ever since the loH" 
of Novf except a Kecess 6i a few Weeks during the 
Holidays. Great Part of the Time has been taken up 
in a Dispute about the Rt+inovjil of tlie Treasurer of 
the Ekistem Division of this Province; the tnie Stiite 
of which will appear by the enclosed [)nuted Copy of 
my last Message t^) them ou the Subject. This Affair, 
which had occasioned a good deal of Distuibance iu 
the Province, the People being much divided in their 
Sentiments respecting it before the Publication of the 
Message, has now taken another Tmii, & tiie People 
very generally blame the conduct of the Assembly. 
However, as the Housh persevered in their Refused to 
gi'ant the Supplies for the King's Troops, etc unless 
M^ Skinner was previously removetl, he, to put an End 
to the Dispute, has resigned his Office, and Harmony 
is likely to be restored betweeo me <& the Assembly. 



A2H ADMINISTRATION OF DOVERKUR FRANKUN. (1774 



Charles Read Elsqf,' one of His Majesty's Councdl for 
this Province, having removed to S- Croix, where he 
intends to Settle. I beg leave to recommend Francis 
Hopkinson Esq' a Gentlenum of Character and For- 
tune, and a Relation of the Bishop of Worcestera, to 
supply M"* Read's place in the Council. He resides, as 
Mr Read did, in the Western Divisitm of this Province, 
and I do not know any pei-son in that Division who is 
better, if so well qualified to Serve His Majesty in tliat 
Station." 

I have the Honour to be, with the givatest Respect 
and l^gai-d, 

My l>.)rd, Your Lordship's most obedient & 

in<»st hum. Servant 
W? Fkankixn 



* A aoUoe of Charles Read la irtrvo In New Jeiwr ArcfalTcs, IX., 181. Bcmf for* 
thpr mratkm of him may be proprr. He waa doubUciB a deaceodant of Cbartc* 
Rvai], who came from England and settled at BorUaffUm about lOTS, FoUowlnff 
the fortimes of Geonce KelUi he sepAnKed tnm the Quitfcm and IdenUled Mmiatf 
with Iho Chnrah of Sogland In PhOadalpbla, where he was a marohaiit manjr yvmn, ' 
and whore he died In 1706. leartn^ m soq. Charies Rc«d, then a minor. The eocoad 
C%arleti Itoad wms mim* a iiierchAiit uf FliiUilflphiA. was a member of tlie Oonittv.in 
CNHincU 1717, an Alderman 1?^^. Mayor l7!W-7. and Alderman a«»Jii IT^SC. ilylnic 
Ic tlie last named year. He was also KherifT IT'iO-S]. and was Cterh <jf the OrptuuiM* 
Court for aeveral yean before hln death. He waa a Taetryinaa of lltriet (Tlittrch 
I'lT-aO, and pertiapa lonpT-ZV/in. Mag. of tli$t. awi Bivg., October, 1886, 89M9; 
Dorr'n iU*t ChHat rimrcA.SM; Hilh'n (AurrA in Riirlingltm. 186, 9U0: Ptnn. Cot_ 
Recorttg, IV.. l&l. cliarlea Read, probably a ton of the laner, wa« a member 
for Burllnfton city of the New Jersey Aasemhiy. oleeted In ITi^l, and of litn 
nejrt Anwmbly, elecUnl In I7W.-A'- J. Hiat. Soc. Proc., May, 18S0. SI. He timlln- 
ufd In the Hatise until called up to a <»eat In the ConiKsn In 17BCI.— UrrAUv*. IX. IV7. 
l&l. He WBA iVputy StH;retary fnr Uie rnnliM<e. was utie of Uie Surrugate* for 
boih Eaiil and Wwit Jersey. Com mlwl oner for New Jersey at the Baalon Confer- 
enee with the Indians in J7&8 (when i\v Btjcned his name, " Charloa Read. Jr.*'1. mxA 
was ctitrusied with a variety of ol.bt*r p<]idtlons of booor and proflt.— /b , ISl. 9V, 
3S0: Pmn. Col. Htrord*. Wil., \V>. He waa coamlsiiooM a Justice of tlie 8u> 
preme iv>urt. .\ufnuit 17. iTsa. sjkI ibe aarrte day was tloenaed as an attorney and 
couniH'llor, tint wtii/thtT he had fversttnUed law, or wbt^re.doos nnt ntii:>e«r. lis 
waHsptMitiitnl (TlUef Jimtk-r Pvliruory ao. ITTVI. aad rmlertek rtmyth baviu^ bei-n 
appotated Chief JuMJce In the (oUowttuc Outobtr, Read was acatn oommlasloned 
AitiMK-Ulc Justlcr N(ireml>er 5, I7M, ami lirM the ofTlce until bU remoral trvta New 
Jmiry, as sbovc. - I'room'ji .Sh;>. Ct. J7uJrM. 47. 4&, &<^. The marrlrure of (7haHe» 
Read to Sarah Horwc od. October IT. I73il. in n<uinlol In Uif Iwiiik* uf ChriKt Ohorch. 
Fhlbhirliihla. 3</ rntn. Art/iiw». VIIL.SM la HUm thr BAnir pertoor- |W. K.] 

' FaAMcts Ht>rKi>M)N. uriei-wanls one of Uie sijniers of the rircl«raUon iif Inde- 
pendence, was a eon of Tli'imAs HupklnwtD, an knirlishman nf iiriUlant aocouipllsl^ 
raeola, wbo marrtetL hi ITM, Mary JohnMHi, a uluce of the UUbup of Wopesisr. 
Thomas waa Deputy Clerit of the Orphans* Coort of FUladeJplita fiw several 7«aiB 




1774] ADMIN18TRATIUN OP UOVEKNOR FRAKKU5. 437 



'fontmtssion of Ricbnrd Stockfan (Ui Associate Jus- 
tice of the Suprewe Court, 

IFtomBook C 3 of CoinmiisBlons, Secretar)- of State's Office, Trenton, fol. 1M.| 

Georgb the Thii-d by the Grace of Grod of Great 
Britain France and Ireland King Defender of the 
Faith &c. To Richaitl Stockton Esq.' Greeting Wo 



under Charles R«<^ad. and on ihi- death of the latter, id ITW. wa« appointvd to fill 
the vacMioy. It vaa a itofrular coiacideDce that (falrty-sfx years later his son, 
V^aadi, ■boold have been nanied to sueceMl in an ImportanC station his own 
(onner patroa'a aon. iliarlea Bead, the younfer. Francis vas baptised in Christ 
Cburch, PblUdelphln. November 19. 1797. bPlnK at the time wren weeks old. ^BUt. 
Ruriingttm and ifrrrrr Coitntirjt. 4flN. He wan lIb<>raUy fHlucated. and ro far de- 
parted from the ordlnar}- oiirriculum of the time as to famitUtrlve hlmm'tf with the 
Duti'li lanffuagv. utiliiInK his knowledge In making a tnuiAlatlon of the I>alms, 
eto.. for the Dutch Churoh st New York. In ITiW, for which he recclvod £115: with 
the money thus earned be snilt^d frir Eiifclnni in 17011, n'timinin^ abroaii mipn- than 
a year, belnx the gueet of liis relative, the Bishop of Worcester. On September l, 
ITM. he became Mentifleil with New Jente)* thus in the eloquent lan^uape of a Bor- 
denlown correspondent of tlie Pennsjfivunui CAroinrlc of iheday: 

"On Thursday laitt Francis Hopkinson. Esq.. of Philodelptiia. was Joined hi the 
Velvet BawlK of Hvmrn. Io Mfiv> Nancy B»n1eti, of tlils place, a lady amlalUe boUi 
for her internal as well ntt ext4*mal Act-nmpUKntnriitA, and tn the worda of a Gele- 
bmted pout : 

" 'Without all shining, aii'l wlililn all white. 
Pure to the (;ent<e. an^l pleasing' to the sifcbt."* 

Ann Bonlen was a danjcbter of Jud^ Joseph Bonlen. the son of the fottnder of 
Borrlentown, rrobabl}* alniul thu time of his niAniu^e Hr. Hiipkinaon look up his 
resl'lent'e nl B<>rdeiit<iwii, where be remained fnr sevi-ral yearii. — Hiif. Iturtimftun 
<finl Mvrctrr Couutirg, *>H-ft. fie still retained his connection wiih Peauvylvania. 
however, t>«Hii|c u VeMtryDtnii auH acting; M organlflC at tlmea fur (.'hnsl I IniiTh, 
lolphia.— /X>rr'« Uist. Chrut ChMtck, 296. Xay U iTJt, be was appuiutad Col- 



RicsABD Stooktok was descended from an Gnf^IIsh famfly, of ^ockton hi Dur- 
ham, ou the river Tees, Enjijland. The fln>i of the family to ImmiirmU* to America, - 
Uirluinl Stockton, seltletl at nushlnir. I.. I , wh**nee h" remuvod to fiurliuf^ton 
couuly. N. J., vrbrre he bouirht -i,-^*^ o^-re?. .Mar>-h 10. IG1«. He died 1707. loaviDg 
childnq] Rlehard, John. Joh. Abftrall iRIilKPWsy. Sarah (Junes), Mary, Hannah and 
Lllialieth. IIUi son Riehani reiiu)ve'l fnuii Kliwhlnff to lltoataway, and thence (in 
lOlMt) 111 Prinreton, liuylnK liiO lu-rutt, nnfl In 1701 iKittKbt of William IVnn 4.^30 acres 
more. In and about tlK* present I'riiicetmi. Ur dU^i ITOP. k-Q^intf iiIjc bom— Richard. 
Samuel, Jitseph, Robert, Jo)m, Tln'mas His <>5itAU' bdn;; divl^kMl soon after, the 
boiiiefet«>ail, now kiiuwn a.s " Mnrvi-n." Tell t<i .Ti>hn. who Itocsme an influential man 
In ihi.' tv.iumunity. He woj* a judjfe of the Somerwt Common Plea*, and wan a 
warm friend nf Pri tux-ton ('iiIIcKe-, - Prinrrlon nml itg Ingitt\tiUtn»,hy John F. 
Ilaif^man. I.. :j9-'.i, Kiehard Sc<M:klon. sijn nf Jolin, was tram at Princeton Oetober 
1, 17)10. wan one of the ftrrt class icmduate^ fmtn the I'oUesce *>f New Jersey, In iri8. 
studied law ufjder David O^dcn, wa^ lici.'ijseil In I7M as an attorney. In 17W as a 
CWttsellor, and In 1704 as serireaut. liis practice meantime beoumlng coextensive 



438 



ADMINISTRATION OP OOVEUNOK FUANKUN. 



[17T4 



rejiosing special Tnist and Confidence in your Integ-^ 
rity Learaing and Ability have assigned Constituted] 
and appointed And We do by tbese pivsents assign 
constitute & ap|K)int you the said Richard Stockton 
Esq. to be one of the Justices of our Supreme Gouit of 
Judicature for our Province of New Jersey in Amer- 
ica Giving and by these Presents Granting unto you 
full Power and Authority to hear trj' & Determine all 



locCor of Castonis at New Ourtb*. on ibe Delaware.— iVnn. Arettt^feM. TV.. «n. B* 
wM Iksenaed ■• ma attorney and oiunHfltur iif Nitw Jenvy Hay 9, I7T1S.— Fr 
Sup. Ct. RuUtt. to, M. On June SS. ImG, be waa appolDtad by the lYorfiicliJ Oai»^1 
gnm ma ono of the delegates from Ne«r Jersey to the Continental Oopgr— ■ Mhi 
afe« Provincial Congrta*^ etc, 47:). The Jouruala of the latter body ahov that Mr. 
nopkliMon preoented the InMructtoos under which he and his coUeairtiea «fw« to . 
auL Fin (upned Ifat^ Drclaraildn. Tlu* L<^idaUin* lii jiiint rai^etfnc oa BtftmilMir Af J 
177S. appointed him one of the Anaoctate JaatloM of ttae Supreme Oonit. but tia 4*«j 
dined the ofllce.— Froom's Sup. Ct. Xulu, 41. The Oonunealal Ootucrraa apfio(a(«tf| 
him, November 0, ITTR. one of three penMHis to conetliute the Oondnenlal Nai 
BoATil.—JournuU of Conffrttg; Penn. Cot. SeconU, XI., 960. Some aocouat of 
quorrfJ hu hod at Bi>rdf>ntoiini In Ihfat capacity In 177H will he fannl in the Hi 
Mas., ni., a09-3. The Pemisylraiaa Leffiilatare ai^Kjlntod bim. Joly 18, ITW. Jodc* j 
of Ailintratty, wldch offUre Iip lifld by soooewlTe appulnimeuU until the court 
guporcedml in 1790 by the Fedt*nU Court*. —/Vm»i, Cot. Etcords, XJI.. tSI. JUT. 5«7-7»- 
H4; XV., 101; XVI.. 90 ilr. HopldruunV vonnvctton wlih New Jersey, rilebt as II 
had been, appears to have ceased frocn 177V, and be became Identified •xeturiTf^ 
with his native 8Ute. Shortly altar the aoceadon of WaaUofftoB lo the PreaMi 
be appolnied Mr. Hopklniion Judge of the United Stales Difttriot Ooort for ft gn^ yl 
Tanla; he contlnue<I In that ottictf until bis) doAtli, May 9, ITOI. Mr. HoplnnaiMi vaaj 
mon* rumiiu.*; as u clfvcr. InKi^iitiiius and witty politlral writer, eaaayiat and ponl^, 
thfin as a Mtaicsman or Ju<Iki>. He woh ttometliiug of onartiKtatiJ munfclan 
wpll Our nf the fullest Rlre(ch*v of his life and varied acv^uipllHtmtvnty w to IM 
fouud ill Uie Ktiitury nr BurllnKt^m and Men.>t-r t.<nuntieK, 4iiK-U. Diiyt'hini'k'ii Cyct(^ 
pedis of AmvrtcAn Literature (I., ODVtdwelte mare upou the lltrrary side wf Ida 
charactrr.-|W N] 



with the Province, aud even rraclitny beyond Ita timlta.-/b.. 7B; ProviHciat Coufta 
o/AVir Jrrary, by Richard 8. Field, ItW; Life of Com. Robert F. Stuckt»u, It-lOi 
Sketeti of Life of Richant Stockton, Uy VVni. A. WiilU-bcad, N J Hint. Soc. Proe.. 
January. I8t7; RuJcji of tfuprcmr CfWt, JV. J.. I*«i, AppeodU (by 0, D. W. 
Vrwnn) M. W. 

[n ITM, wrltinK to hte former law-student, JoKe|>ti Beed. he nucgvactd aa 
readii^ scihitlon of tht* irxnibltw l«etwei>i) Eni^lnnd and lihr ColotilesL. tlic elcrtlott i 
•4:>mi> liriiflit AniurionDri (u rarlijimvnt'.Avi/'jt f£re4, 1 , W), tiul b ytrar l(tt«*r, d 
ilif cntilmrersy over tbi* Stamp Ac-t. he took the positive fcniuitd thai Ptullammt] 
had no authority over the American CuIouIhUi: ito mpklly did puUio cMitlnMnit] 
develop tn thnnv tlmea.— A". J. ffitt. Proc , liu In ITnj he went to Eiuclaud. whaM 
he B]*enr a yntr, uiiuKlhiK 1" Ibi* hiKhi*«t eirclcs. and ho*! much lodu vriih pcrKiiaH- 
lag Dr. WItborspooD to ncuept the Prenldency of Princeton t'uJleite —Hist nf fot- 
t*lte nf N. J . by John MAcLeon. I . 507, 3K%; Proviwiat Covtit. !«■«. Appointed , 
to the t'outtcll In ITOB (see unfr, pafiu 3U\ un tbu recuiumendaUiHi uf liovemof J 



1774] AI>MrNlSTRATION OP ftOVKRXOK FRANKUPf. 429 

Pleas whatsoever Civil, (.'limiuai and mixed, accord- 
ing to the Laws Statutes & Customs of Great Britain 
and the Laws and usages of our siiid Proviiut? not 
l>eing repugnant thei*eunto and Execution of all Judg- 
ments of the said Court to award and make such 
Rules and Orders for the Benefit of tlie said Pmvince 
as may he agreeable to the Rules and Orders of our 
Court of Kings Bench ('ommon Pleas and Exchequer 



FraakUa, he atood so w«ll with "^e GoTemor that atx yeftrs later he mu commla- 
Bfoiml (Hie of the Justici-H at tlu< SupivinH diuK, an oIkitu, to 8acr(w*il Jtul^' K4>4«il. 
removed to the Wert Indioit Thr afTAirs of his country were ovidcDtly on hln heart 
and miud durliiK Oivac truithlrsi^ime Umeii, and under dat« of Deceinl>er 13, 17T4, be 
draftad and »out to Lord Uartmuuth " An Expedient for the Settlement of the 
American Dtuputefl. humbly submitted to the consideraUau of his AUjesty's Hlula- 
tere," Id which be sugijfMt*'*! siihstantiall>* « plan of solf-gorenuneDt for America, 
iudependent of Paritament, without reaouncinK alle^anee to the Crovra.-Huitttri- 
cfit Magazine, November, 1806, p. M. He retained his poiltlon lutbo Council until 
Uie end of royal government in New Jersey, and attended the meeting of that 
body aa late as Novembt^r a, iTTX—Minutfj Provinciat ConffresM, etc., 883. He 
was elected to the (.'ontiaentjtl Oon^efw, June 2tf, 1776.— /&., 478. Six daya later the 
New Jeiaey Ablegatea Look tbejr seats in CouKreaa. in lime to htfor ilie cluiiinir dul>ate 
on tbeDedoraUonof bulepeudonce, and Mr. Stockton Is aald to have made a "short 
bat energetic opeech " lu favor of the measure.— tVttrka of John Ariatns, Ul., KS-8; 
ProvincM Court*. 1S7. While be wuk xillt atteudinfE to iUs duUea In C^^nKreaa a 
lance number of hJs frieiitlii and adrairrrs nt home favored him for Qovernor, and 
on the tint ballot in thi* Leirialatun- (August 30. 1*0) the votes were equally divided 
betweoD him and William Livingston, who was choiien the next day.— ITmuto Joint 
Meetings pttt^im: Sedgioick's LiviHgtton, 9U(y«. Oordon allqcei this wblnutcal reo- 
wm for the preference: " Mr Stockton having Just at the moooeot (of the ballot), 
rstiUDd to furaisb hfa team of horses for the service of the [niltlie, and the Lcfptala- 
tore comtnfr to Ibe knowledge of it^ the choice of Mr. UvlncntoD took place imme- 
diately, "—i^ijrorj/ of KevolutioH, pA. 17>W. U., 103. The true reason doubtleuM waa 
that it was thought best to have a man of some military instlnctahi the Uoveruur's 
chair, and Uvinip't'iii was then In camp. Be that as It may, the Leiplalature the 
same 'lay lAuKust 3l).elaotad Mr. Stockton to bu* the Brst chluf Justice uf the ni^w 
State, but be declined, preferring Just then the more active carver of a Congresaman. 
—MtnuitaJaini Meetinff.pamim; Svdgwiri'B LivinffttoH, SOd. On September tt, 
ITTS, Conijcreas appointed him oo a committee of two to visit the Northern army, and 
he net out ImmMlately- He waa greatly affected at the unfortunate condition of 
the iwthot soldiers. Wrlting^ from BaratoKO, OctoU-r ^ to Abraham Clark, he 
aays the New Jemey soMlors were " marching with du^erfnlneait, but great jtart of 
the men liarefootod and barelegged. Uy heart melt£ wlUi coropaoalon fnr my 
brave countrymen who nre thus venturing their lives In the public servlco. and yet 
are so dlstretwed. There to not a single aliue or KliiekUiK to lie hnd tri tbiit part of 
tb« world, or I woald riilc a hundred miles tbroiifch the woods and purchase them 
vkhray own money. '^—^men'oan An^ive*, Mb series, II., Ml, I9fi(i, 1^4. He left 
Albany on hht homcwar^l journey. November SI. Two daya later he wa« apimlnted 
by Ooagreaa on a committee " with full power to devise and execute mr*AMureK for 
elTectaiaily rt^-eu fnreinK (}eii. WsKhln>^iin, and nlmtrut-tiiig Ibe pnif^reiw uf (Jen, 
Howe's army."-/i>.. Til.. (HI. 92H. During tl»e cnsnhii; week he was appointed on 
other committees, but 11 In doubtful if he ever rcffunml hlH seal in ConKni4» after 



430 ADMEN'IfiTRATIOK Of QOVBRKOR FRANKLIN. [i774 

in Great Britain to have and to hold tlie said Office or 
Place of one of our Justices of our Supreme Court of 
our Province of New Jersey with all & singular the 
Rights priviledges Profits Salaries Fees and Perqui- 
sites to the said Place belonging unto you the said 
Richard Stockton for and during our Will and Pleas^ 
ure In Testimony whei^eof We have Caused the Great' 
Seal of our said Province of New Jersey to be here- 
unto affixetl WitneaH our Trusty and welbelovwl Wil- 
liam Franklin Esq. Captain Creneral CTOvernor and 
Commander in Chief in and over the Province of New 
Jersey and Territories thereon depending in America 
Chancellor and Vice Admiral in the same &c. at Bur- 
lington the 'JHth of February 1774. 

Pbttit. 



KfltliiKoiit from AHMiny, Tor by the tiiiif Jie coaM rvach Princelon the BrMl 
luarchinK Iriiimphantl/ Uirough Nevr Jcrvey. ami lii< wsn compfllMl toMwk 
forhu fiuniljr with a friend. John Cov»nhov-i*n. fii Moomoiith county Ttwrp he 
was «urprbi»l mid captured by a party of T(*rit«. whn shamefully treated hho. aod 
draKV«d him by nl^ht to Perth Amboy. where he was temporarily conltaed In 
Jot) tn bll-terly coM wfailier, until he couH br remored »afely to New Tt»rk, wt 
be was locked up la a foul pri«oa. and treated with such luilismity that CocfrvMl 
was Impelled (January 3, I77T) to formally remonatrate a^alnHt hU treatmeut. au4 1 
tonic mRaAUFKM Uj Kt?ctu-e hU exchanire. Wlitni releaaed hie health won bDjielesdy ' 
Btmttered. And ht- wiiK an Invalid until relfevad by <l«ath, February *>(. iTVt. at 
Prtiicotun. The dole of his arreat In prmerallr fffven aa Knvi*rabi-r SD. ]7Ti'>, ImtI&k , 
the very day on whicb tlM New JerHe> Letriidatnre re-<>]ected hbn to Con gn ia a for 
aootber year. He resigned Febnmry |0, IT77 — flufrrmnii, nt aupra. L. W; Pnmin* 
cialCouHt, 10S4; LoaMtuo't I'^ld-hotik nf tkt Rewtlutian. H . Mi; Oardont Avieri- 
tan Revtjlvtian, ed., 1180, Q., ITS; ftaum'a HUt. !f. J., t. 48»: WUMmd, ul nipn; 
White/tmd'M Perth Amboy, 3Vt: Oortttm't .V. J, AH. Mr Stoclrtoo married AdhIi 
Boudinot. dauffbter of Eliae Boudinot. of ElUtabethtown. and alder of Uai 
not. LL-I»., Presldeni of Conifn^s. l7«8-'i. and ilnrt Preiddent of the Anierioaa 
BlbU* Society. Dr. Boudinot marrte I ilTWi Mr. Bt.Krklrtn'* sister.- H>»f/lrWj JCr/wfi 
town. TiAHD: IMrr* Boudinot Stn/ker, In /Vnn. Hist. Mag., m.. 101. Mrn. St'ickfoa 
frvquently wr«rt4* ver»e5 fur the |»orlmlicalNnr theday, and one tif her comivwftl'inB, 
addr<*s!i*Hl to Washliti,ton. on the siu-render of t'omwallU. rllclted frotn hitu a iuiy«l 
Kullant Olid courtly aeknoMied£emeul.~.Vfi(/. Americtin HtMt.,\-. llH; \*1I.. Oil, 
Mr. 8tock]on left cldldren: Itlchard (the " Duke "). Lucius Horatto. Julia iniAirlml 
Dr. Benjamlu Ruxhi, Sinan <uinrri(«l Alfxandor TuthbHrti, Mary (marrie^l the Iter. 
Ur. Andrew Humeri, Abby (marrletl K<»l>L«rt YwMs.—frnvinrlnl Court*. IBO The 
fullest and nioMt BcouraK> ttkotch of thi'> famlty. and eiipeclally of the 8||pni«r, 
(flri'ii by John V. Hnirt'niaii. K-*\., in \i\s lulmlrablr and deeply ioleff««tlac blitoiy^ 
of ' I'rirt.vlMti ,iri.I tt» IitittltiiliuiiK,'' L.Hd-tW. r.V. N.| 



1774] ADJilSISTHAtlON 09 flOVERKOR FRANKUN. 



431 



: 



Circular Letter from Mr, Pamnall to the Governors in 
America., inclosiny Copies of the King^s Message 
to Patiiamenf^ relative tq the distMritances in the 
Colonies, together witti resolutions of that body. 

IFrom P. R. O. AmerJcm and West Indtes, Vol. *7«.J 

Whitehall March lo*? 1 774. 

His Majesty having thouj^ht fit to lay before the 
Two Houses of Parliament the Advices wliicli have 
been received relative to the late Disturbances in some 
of the Colonies, Inclosed I send you by the Earl of 
Dartmouth's directions Gopit^ of HLs Majesty's Mes- 
sage accompanying those Papers, and of the llesolu- 
tioDS of Both Houses wliioli followed thereupon — 

I am &c' 

J POWNALL 



Copy of His Majesty's Message, To Both Houses 

of Parliament Delivered 7"' March 1774 
George R 

His Majesty, u^wn Information of the unwarranta- 
ble Pmctices which have been lately concerted and 
carried on in North America, and particularly of tlie 
violent and outrageous Proceedings at the Town and 
|K)rt of Boston, in the Province of Miissacliusetts Bay, 
with a V^iew to obstnicting the Commerce of this 
Kingdom, and upon Grounds and Pi*etences immedi- 
ately subvei-sivo of the Constitution thereof, lias 
thought fit to lay the whole Matter before His Two 
Houses of Parliament; fully confiding as well in their 
Zeal for the Maintenance of His Majesty's Authority, 
as in their Attachment to the common Interest and 
Welfare of all His Dominions, that they will not only 




432 



ADMINISTRATION OP QOVERNOR PRANKUK. 



1774 



enable His Majesty effectually to take such Measures 
as may be most likely to put an immediate Stop to the 
pi*esent Disonlers, Iiut will also take into tlieir most 
serious Consideration what further Regulations and 
l>ermanent provisions may be necessary to be estalv 
lished for l>etter stH^uring the Execution of the l^aws, 
and the just De|>endance of the Colonies upon the 
Crown and Pailiament of Gi*eat Britain. 

G. R. 



Resnhitioii of House of Loi'tLs for A<l(lrevSs in 
Answer to His Majesty's Message 7'^ Mar. 
1774. 

House of Lords 7*" Mai-ch ]774 

Ordered, That an humble Addiess Ik? presented to 
His Majesty, to retuna His Majesty the thanks of this 
House, for His Majesty's Gracious Messiige and for 
the Communication His Majesty hatli been Graciously 
pleased to make to this House of seveml Papers rela- 
tive to the jii-esent State of some of His Majesty *8 Col- 
onies in North America. 

To assure His Majesty that this House truly sensible 
that the Peace and good Govei'ninent of the Colonies 
and the preventing any obstmctions thei*e to the Com- 
merce of this Kingdom are objects of their most 
serious Attention, will ent^r upon the CoiLsideration 
of these Papere with an earnest desire to make such 
PiT>vision8 as upon mature D«*lilMM'ation shall api>f!ar 
uecessaiy and expedient for securing the just L)ej)end- 
ance of the said Colonies upon tlie Crown and Parlia- 
ment of Great Britain, and for enforcing a due Obe<li- 
dience to the Lciws of this Kingilom, throughout all 
His Majesty's Dominions. 



1774] ADUIKISTBATION OP GOVBBNOU IBANKLXIT. 433 

Resohition of the House of Commons for Ad- 
dress in Answer to His Majesty's Message 
7"^ Mai'ch 1774. 

Beaolved 

That an humble Address be presented to His Maj- 
esty, to return His Majesty the Thanks of this House, 
for His Majesty's Gi-acious Message; and tor the (Com- 
munication His Majesty hath been Gi'aciously pleased, 
to make to this House, of sevei'al Pai>ei'8 relative to 
the present State of some of His Majesty's Colonies in 
North America. 

To assui-e His Majesty, that this House will, without 
Delay, proceed to take into theii* most serious Consid- 
eration His Majesty's said most Gracious Message, 
together with the Papei-s accompan}'ing the same; 
and will not fail to exert every Means in their Power, 
of effectually providing for Objects so important to 
the ^neral Welfare, as maintaining the due Execu- 
tion of tlie Laws, and securiiijj; the just l)ei)endanco of 
His Majesty's Colonies upon the Crown and Parha- 
meut of Gi*eat Britain. 



Letter from Gov. Franklin to the Earl of Dartmouth^ 
transmitting answers to inquiries relatire to the 
present state and condition of His Majesty's Pro- 
xnnce of New Jersey. 

[Froat P, & O, America and West ludloa. Vol. 177 (10S).1 

BuRLiNQTON March 28*? 1774 

Right Hon*?'*^ the Earl of Dartmouth 

My Lord, 

The Assembly having sat from the 10*" of Novoml>cr 
to th(j ll*!* Instant; during which Time (as I have no 
private Seci'etary to assist me in my Business) I had it 

not in my Power before to ans^ver the Queries or 

28 



454 ADHIKISTKATIOX OF OOVERNOB FBANKUN. [1774 

Heads of Enquiry transmitted to me in your Lord- 
ship's Circular Dispatch of the S'.** of July last. I have, 
however, Since their Promgation lost no Time in an- 
swering them, and I now Send my Answer by this 
Opportunity. Had I not been disappointed in getting 
some Materials which had been promised me by Some 
of the Grentlemen of the Council' it would have been 
fuller, but I am in hopes that, as it is, it will prove 
Satisfactory, as I think I have omitted no material 
Point. I shall however endeavour U) have an exact 
Map made of the Colony & to collect all the Materials 
which may be necessary to enable me to give a perfect 
Account of its Present State. A History of it was 
published in J7t!5 by Ul Smith, one of His Majesty's 
Council, which if His Majesty has not before Seen 
may Serve to afford, with the Obsei'vations Sent here- 
\vith, a l>ett^r Idea of tlie Nature of the Oovernrnent, 
People &c. than can other wise be obtained. I have 
therefore Sent one of them herewith. 

The Laws and Proceedings of the last Session are 
copying; when ftnished I shall transmit them to your 
Lordship. — I have obtained from the Assembly a Sup- 
ply for the Kings Troops Stationed in this Colony. 

I have the Honoui* to be, with the greatest Regard, 
& Rcsptct 

My Lord, Your Lordships most obedient 

& most humble Servant 
W? Frankun. 



Headb of Enquiry relative to the present State 
& Condition of His Majesty^s Province of 
New Jersey in America and the GJovemorls 
Answers thereto. 

1. WTiat is the Situation of the Province under your 
Govenmient, the Nature of the Countrv, S<»il and Cli- 



' 8m Duer'a Life of Lord SUrUoK. m. 



1774] ADMliaSTRATIOJr OP OOVfiUNOR FRANKLIN. 435 

mate, the Latitudes & Long^itudes of the most consid- 
erable places in it, Have tliose latitudes and Longi- 
tudes been Settled by good Observations, or only by 
common Comput^ttions ? and from whence ai'e the 
Longitudes computed ? 

Anstver. New Jersey is Situate<] between New York 
& Pennsylvania, and lies about 75^ West Longitude 
from England, and between Latitude 'Mf and Latitude 
41'' 21' 37"— There ai-e Several Chains or Ridges of 
Hills in this Province, but of no great Consideration; 
many of them are capable of Cultivation to near the 
Summit. — The Soil of at least one fourth Pai*t of the 
Pi*ovince is said to be poor and barren SatuL in i-e- 
spect to Tillage, which Part, however, abounds with 
Pines and Cedars, and some few Tracts of Swamp 
capable of being made Meadow. The Uf^land is of va- 
rious Kinds, some parts a Stiff Clay, others a Gravel, 
but in general tolerable good Wheat Land, tho' seldom 
equal to the Soil in many Parts of England; the gi-eat- 
est of that which is sandy produces good Rye and In- 
dian Corn. — The Climate is very variable, oft^n in the 
extreme. I have known the Weather change li*° De- 
gi-ees in one Hour by Farenheit's Tberniometer. With- 
in the same Year the Thermometer in the shade has 
been at 97° and at several Degi'ees below o. — Amboy 
the Capital of East Jei-sey, Ls in about 7o°, 30' West 
Longitude from London, and one Degi-ee East Longi- 
tude from Philadelphia, and nearly in Lat. 4o% 3o'. — 
Burlington, the C*apital of West Jei-sey, is in about 
74" 4U West Longitude from Loudon; and in aiM»ut 
40*, 10^ North Latitude.— These are the Common Com- 
putations, and I believe that neither the I>«ititinle nor 
Longitude of those Places have ever been taken by ac- 
tual Observation. 

2. What are the reputo<l Boundaries, and arc any 
Parts thereof disputed, what Parts and by whom i 

Attswery New Jensey is bounded on the West &. Soutli 



486 ADUIMSTRATION OF GOVERNOR FRANKLIN. [177i 

West by Delaware River and Bay; on the South East A 
East by the Atlantic Ocean, the Sound which sepa- 
mtes Staten Island from the Continent and Hudson's 
River; on the North by the Colony of New York, ac- 
cording to a Line lately Settled by Commissioners ap- 
pointed by the Crown, beginning at a Rock on the 
West side of Hudson's River, marked by the Survey- 
ors in 17C^ as found to be in Lat. 41"^, and running 
North Westerly to the Mouth of Mahacaraack found 
by the same Surveyors to be in Lat. 4P 21', 37". — 
Since the late Settlement of the Northern Boundary 
by Comniissionera, there are no Pai-ts disputed with 
any other Colony, except Staten Island, which Ls in 
the Possession of the Government of New York, but 
seems to be clearly within the Grant from the Duke 
of York to the New Jersey Proprietors. But the Pro- 
prietors having lately incurred a great Expeuce in get- 
ting their Northern Boundary settled, and by which 
they were deprived of a considerable Tract of Country 
that they had always before thought themselves just- 
ly entitled to, are discouraged at pi-esent fi-om prose- 
cuting their Claim to Staten Island. The Generality 
of the People, however, who are settled on it, are, I 
am told, so conscious of the Justness of the New Jer- 
sey Claim, that they take Care to obtain a Proprietary 
Right to their Lands, as well as a Grant from the Gov- 
jernment of New York. It's Situation is much nearer 
to New Jei'sey than to New York, and it would be 
every Way more convenient for the Inhabitants were 
they annexed to N. Jersey.— As the Commissioners 
have fixed the Northern Boundary of this Province on 
the Delaware in Lat: 41^ 21' 3T " (instead of Lat. 41" 
4t»' mentioned in the IX of York's Grant) a Dispute is 
likely to arise between the Propriet-oi-s of the Eastern 
and the Pn>prietors of the Western Division concern- 
ing their Partition Line. This Line was formerly run 
from Little Egg Harbour on the Ocean to Cushietunk 



1774] 



ADMINISTRATION OP OOVEHNOR FHANKLIX. 



437 



or Station Point, in Lat. 41°, 40', as that was then sup- 
posed to be the Northeni Boundary of the Provuice on 
the Delawai*e side, hut since the Ooiuniissionei's have 
settled it lower down the River, at Mahacamack in 
Lat. 41°, 21', 37, the West Jersey Propnetors coutend 
that the Lane ought now to be run to that Place from 
little Egg Harbour; by which, if they succeed, they 
will gain from the Eastern Proprietors a Gore of Land 
amounting, it is thought, to upwards of aoo.oito Acres. 

3. What is the Size and Extent of the Province, the 
Number of Acres, Supposed to be contained therein, 
what Paii thereof is cultivated and improved, & under 
what Titles do the Inhabitants hold their possession i 

Answer, The greatest Length of New Jei*sey from 
North to South, that is from Cape May in the Lat. 3!)'^ 
to the North Station point on Delawai-e is about 1H4 
Miles. Its greatest Breadth is about Oo Mil»^s: hut 
supposing it on an Average about 15o in length and 
50 in Breadth, the whole Province must then contain 
4,8(M»,00<» Aci*es.— How nuich Land isactufilly in Cul- 
tivation it is difficult to guess. It is supposed that 
West Jersey contains the greatest Quantity of Acres, 
and in Return took the most barren Land. The East 
Jersey Proprietors were, in the year 17*15, supposed to 
have located neai'ly 4H8,<KH) Aci-es of good Land, and 
90,<K)0 Acres of Pine Land. The Proprietors of West 
Jei-sey soon after their Arrival, divided among them, 
5<K)jK)0 Acres, which they called the fii-st Dividend, 
since which, at different Times, they have issued Di- 
rections for each proprietor's taking his Part of four 
other Dividends of the Hke Quantity, amounting in the 
whole, with Allowance of five Ipr Cent, for Roads, to 
2,035, 00<» Acres, conjectured by many to be full as 
much Land, as the Division contains; of this the far 
gi-eat^r Part is already surveyed; what yet remains 
are chiefly the Rights of Miiioi-sand p*>opIe aliroad.— 
The Inhabitants derive their Titles under the orig- 



438 AftTHtNlSTRATTOy OP OOVERNOK PRANKUK. [l774 



inal Proinnetoi-B, who derived their Title under the 
Duke of York, who had a Giunt of the Country from 
his Brother Kin^ (*harles the Second. 

4. What Rivers are thei-e, and of what Extent, and 
(Convenience in Point of Commei-oe! 5. What are 
the principal Harhoiirs, how situatetl, of what Extent, 
and what is the Depth of Water and Nature of An- 
clioi-age in each ? 

AnstveVy Tlie princi])al Kivers in, oi' communicating 
with the Province of New Jei-sey, are tlie North or 
Hudson's River, Delaware River, and Riiritan River; 
There are some smaller Rivers, such as i^assaick, & 
Hackinsack, which empty themselves into Art.hur 
Cull Bay adjoining the North Side of Staten Iflhuiil, 
and Maurice & Ancocus Rivers which run into the 
Delawai"e. Hudson's River is navigahle for large 
Sea Vessels of 4 or 5(mi Tons, ahove the North Boun- 
dary of New Jersey, as is the Delaware, for some Milee 
above the City of Burlington. To Aml>oy, which is 
Situated at the Mouth of Raritan, Vessels of the great- 
est Bui-then may come. There is good anchoring in 
the Harbour, which is one of the finest and safest in 
the World, capable of receiving the whol*^ Navy of 
England. The Raritan is navigable for small Sea Ves- 
sels up to Bnmswick, which is 1-' Miles from Aml>oy, 
and nearly as high as the Tide Hows. Great (^nnti- 
ties of Country Produce are biought from the Northern 
and Inland Parts of the Province by means of the 
Delaware,* Raritan, Passaic, Hackensack, Maurice and 
Ancocus Rivers, and by Rah way and Bounds Creeks in 
East Jei*sey, and by Croswicks, Salem, & Cohanzy 
Ci'eeks in West Jersey, besides ])y severall small Riv- 
ers & Creeks on the Sea Coast. The Extent. Depth 



* The TMe In this River goM no falsr>wr than lYmton In V. JfiiveT, whicli is •boot 
WlUlcK above PlilladelpMa, where there li a lUft or Falhi, i>iuwat>te. however, wttli 
Itotbottom'J BoAUwIiipli carry A or flOO Buabeteof WbfAt Ry these Boala, of 
which there aiv now a great Number, the Produce of both Sldea tbu River tor tip* 
wanlti ot 100 Hlles above TreDton are thought to Philadelphia. 



1774] ADMINISTUATION OF OOVBRNOR PRANKLIN. 430 



of Water, and Nature of Anchorage in each, it is ex- 
pected, will be soon exactly ascertained by Capt. Hol- 
land, who, I am told, is to begin his Survey of New 
Jersey this Summer. 

6. What is the Ck)nstitntion of the Government ? 

Answer. The original (Constitution of New Jersey 
consisted of Several Setts of Concessions from the Pro- 
prietors, but since their Surrender of the Government 
to the Oi*own in 170y, it is supposed that only Such of 
those Conceasions as were renewed and s|x»citied in 
the Commission and Instructions given to the first 
Governor, Lord Combury, can be considei-ed as the 
Fundamentals of the prevsent Constitution. — The sev- 
eml Concessions from the Proprietors — thtnr Surrender 
of the Government — the Ci-own's Acceptance thereof — 
and the Royal Commission & Instnjctions to Lord 
Cornbuiy, are to be found at large in Smith's History 
of New Jei-sey sent herewith. 

The Legislatui-e at present consists of a G^iveraor, 
Council, and Assembly or House of Repi-esentatives. — 
The Governor is appointed by the Crown, and he holds 
his Commission, which is under the Great Seal of Eng- 
bmd, during the King's Pleasure. The Council are 
appointed by Mandamus from the Crown, and hold 
their Seats during Pleasure. They are 12 in Number, 
and act as a distinct Branch of the Legislature, hut I 
do not find that they wei-e ever regulax-ly constituted 
as such. — The Assembly consists of two Members from 
each of the 13 Counties, & two for each of the Cities 
of Perth Aml>oy & Burhngton. making in all 1:50 Mem- 
bei-s, who are chosen by such of the Freeholdei-s and 
Inhabitants as ai-e legally qualified for that purpose. 
The Governor, with the Advice of the Councill can 
call, adjourn, prorogue or dissolve them, and there is 
no Septennial or other Act which limits then* Oumtion.' 



' " An Art for the HepU'ntilA) KlocUoti of Rr|irp«i)ntntlveii to aerve in the Oeoer»l 
AMemblj of th« Culuity of ^vw JeiAvy," was pusetl by Uw Asaemblj M*y 10, ITttl, 
tnil uerer received the Boyal Minnnt AlHntrm^t Lattn, 806 



440 ADMINISTRATION OP OOVERNOR FRANKLIN. [l'^74 

Each Bmnch of the Legislature has a Negative on all 
Billfi, which sometimes originate in the Council, but 
generally in the Assembly.— The Legislature inoets 
alternately at Amboy and Burlington^ which is at- 
tended with gi-eat Inconvenience & Elxpence to the 
Governor, and is besides disadvantageous to the Puh- 
hc, as it keeps up an icUc Distinction between the two 
Parts of the same Province, and occasions the Records 
to he kei>t at two different Places when one would 
Suffice and be more convenient for the People in gen- 
eral, as well as the Officers of Government. This 
ought to he rectified, and Amboy established as the 
sole seat of Govenmient, it being every way more 
proper than any other other Place, and is not above 
12 Miles from the centre of the Province, which is 
greatly nearer than the Capital of any other Colony 
is to the Centre of it. — The enacting Stile is, *'Be it 
Enacted by the Governor, Council, and General As- 
sembly." There seems to be an Impropriety in the 
House of Representatives being Stiled the Qenenil As- 
sembly. That Appellation more properly lielongs to 
the Governor, Council, and House of Kepivsentatives 
when met in their legislative Capacity, as the Word 
Parliament includes King, Lords, & Commons. It is 
to be wish'd therefore that the Stile was altered to 
"Governor, Council & Assembly, which is likewise 
agreeably to the Royal Instruction to Lord Cornbury 
the first Governor, and how the other Stile vjuxixe 
to be adopted I know not. but it has been constantly 
used for many Years past. — All the Acts passed by 
the liegislature of New Jersey may \ye disallowed by 
HLs Majesty; but, unless they have Susi>ending Clauses 
inserted in them, they are in force till His Majesty's 
Pleasure is known, — The House of Ropi-esentativos Is 
no Court of Judicature, but claim the Privilege of 
enquiiing into the Mai Administration of the Courts 
of Ju.stice, and Officers of Government, and to orig- 
inate all Money Bills. 



ADHCKISTRATtOM OP OOVERNOU 7RANKLIN. 44l 

The Courts of Judicature are, IV The Chancery, in 
which the Goveraor alone presides. 2*^ The Court of 
Errore and Appeals, the Judges of which are the Gov- 
ernor & Council, but the Gov^ has only one Vote. 
Appeals lie to this Court from any of the Courts of 
Common Law, in Causes where the Sum or Value 
appealed for exceed the sum of 3<Kt£ Sterling, and 
from thence if it exceed 50o£ Sterl*, the Parties may 
appeal unto BUs Majesty in his piivy Council, 

3! The Prerogative Court in which the Governor 
presides as Onlinary. It has Conusance of all Matters 
relative to the Probate of Wills, and granting Letters 
of Administration. 

i'** The Supreme Court, in which presides the Chief 
Justice, and two assistant or puisne Justices, stiled the 
second & third Justices. This Oouii; is held ffiur 
Times a Year, at Amlx>y & Burlington alternately, 
and generally once a Year in each (bounty, or oftener 
if there should be Occasion. It takes Conusance of all 
Matt^^i-s which can he i-egularly tiied in the Courts of 
Kings Bench, Common Pleas, and Exchequer in 
England. 

5'?* The County Courts of Common Pleas & Quarter 
Sessions. 

r.'!' The Justices Coui'ts for Trial of Causes of Six 
Pounds and under, in a Summary Way. All the 
Coui'ts (except this last) are established by Virtue of 
the Royal Commission. — t'oui-ts of Vice Admimlty 
have been sometimes held in this Province, chiefly in 
Time of War, but the Judges resi<le in the neighbour- 
ing Colonies, vizHho prineiiial Judge Jared Ingersol, 
Esq"^ at Philadelphia, and the other Judge Richai*d 
Morris, Esq^ at New York. 

7. What is the Trade of the Province, the Number 
of Shipping belonging thereto, their Tonnage, & the 
Number of Sea faring Men, with the respet^tive In- 
crease or diminution within ten Years past ? 



AlMaSISTRATIOS OP COTlEyOR FRAJffKUX. 



[K74 



Answer^ There is some litde Trade carried on from 
several of the Porte in New Jersey to the West India 



Islands, chiefly 



and 



h Provisions & Lumber, 
is oneortwoVeseelsinthe Madeira Trade. A 
of what was exported for two Years fwm the District 
of Arnboy. (which is very extensive and inchnles 
several Ports) from the 5" of Jan'? 1770 to the 5V of 
Jan? 177:i, I have obtained from the Collector of Am- 
Ijfiy; a (*o|)y whereof is sent herewith. I have applied 
to him, and to the Collector of BurUngton and Salem 
to make out such Accounts from that Time to the fy^ 
of Januai'V 1774, which when obtained, shall be for- 
waitled immediately. — But as the Chief Part of the 
Produce is sent to N. York & Philadelphia (without 
being entered at the Custom Houses here) from whence 
it is exporte<i to other C'ountries. our Custon^ Htnise 
Acc- of Exi)orts, can be of very little if any Use in 
forming an Idea of the Quantity of our produce sent 
to foreign Markets. New York & Phikulolphia are in 
Keality the Commercial Capitals of E;i>>t & West Jer- 
sey; and almost all the Articles we im|K>rt foi Home 
Consumption are from one or other of those Cities, of 
which no Entries are or can well be made at our Cus- 
tom Houses, consequently we have no Way of coming 
at an exact Accoimt of them. 

8. What Quantity & Soitji of British Manufactures 
do the Inhabitants annually take from hence; what 
Oo^kIs & Conmio«lities are exported from thence to 
G. Britain, aud what is the Annual Amount at an 
Averaged 

Aiittii'er^ For the Heason gfivon in the Answer to the 
foi^going Question, it is impossible to ascertain the 
Quantity of British Manufactures consumed in the 
C*>lony. But tlie Sorts are in every respect the same 
as is f xpoi-ted into & consumed by the inliabitants of 
N. York & Pensylvaiua.— Tbei-e are no Commoditit^ 
ex|X)rted directly from N. Jersey to G. BriUiiu, but in 



1*74] ADMl.MStRATlON OF OOVERKOH PRANKLIN. 443 



general all such Ai-ticles as are expoi-ted from New 
York & Philadelphia to Great Britain are in Part Sup- 
plied by New Jersey 

i». What Trade has the Province under your Gov- 
ernment with any forei^ Plantations, or any Part of 
Europe besides G. Britain; how is that Ti-ade earned 
on; what Commodities do the People under your Gov- 
ernment send to or receive from foreign Plantations, 
and what is the anniial Amount thereof at an Average. 

Anmvej% Lundier, Hous*»h i-eady framed, and Pro- 
visions» are the chief if not the only Commodities ex- 
lK)rte{l from hence to any of the foreign Plantations. 
This Trade is carried on by New England Sloops or 
Schooners, and by some Vessels of that Kind belong- 
ing to the People of this Colony, but principally by 
the former. The Rotui-ns arc partly in Cash, and 
partly in Rum or Melasses. The annual Amount 
thereof I know not, nor any way of coming at it, as 
the New England Vessels carry their Returns to the 
Colonies they belong to, and the N. Jersey Vessels 
often land their West India Cargoes at New York or 
Pliilad* — No Trade is carried on from hence to any 
Pait of Eui*ope. — 

10. What Methods are there used to prevent illegal 
Trade, and are the same effectual ? 

Answer, There are no other Methods taken to pre- 
vent smuggling but such as are taken by the Custom 
House Officers, in pursuance of the Authority given 
them by Acts of Parliament, and the Directions given 
them from Time to Time by the Conunissionei-s of the 
Customs. There is no Doubt, however, but that not- 
withstanding all their Endeavours tf> pi^vent it, fvnue 
smuggling is cai'ried on in this Colony, as well as in 
every other Part of the British Dominions. On so ex- 
tensive a Coast, in which there aiv many Harlwmi'S 
and Inlets, it is next to impossible to Stop it effec- 
tually. The Chief Smuggling here. I suspect is the 



444 APMIKISTRATION OF GOVERNOR FRANKLIN. [1774 



Produce of the foreign West India Islands. Some 
Cargoes from thence have been seized at different 
Times which has pix)ved some Check to that Branch 
of iUicit Trade. 

•11. What is the natural produce of the Country, 
Staple Commodities & Manufactures, and what Value 
thei^of in Sterling Money may you annually export ? 
Answer^ The principal Produce of the Country and 
Staple Commodities are, Wheat, Indian Cora & other 
Grain, Flour, Bread, Beef, Pork, Hemp, Butter, 
Hams, Flaxseed, Copper, Hg & Bar Iron, Pot Ash, 
Leather, Cider, Bees Wax, Masts & Ship Timber, — 
There are no Alteiations in the Manufactures of this 
Colony that I know of since my Letter to Lord Hills 
borough, of the 14*? of June 1708 (N? 2.) to which I 
beg leave to refer, except that it is suspected that dur- 
ing the Non-importation Agreement, a new SUtting 
Mill was erected in Morris County, in onler to carry 
on a Maimfacture of Nails; which I have heard, is 
rx)ntrived so as to l>e an Appendage to a Grist Mill, 
and in such a Manner as to evade the Act of Parlia- 
ment. However, of this 1 can get no certain Infor- 
mation, as the Works are fenced in so that none are 
admitted to see it but such as the Ownere can confide 
in; and the (lovernor is not authorized by Law to 
cause it to be abated unless he receives Information 
thereof on the Oaths of two ci-edible Persons, which 
there is no Probability of his receiving in these Times, 
as the Infonuer would become so extremely unpopu- 
lar. As Nails are now impoited again from Kngland 
very cheap, I imagine there can be but little, if any, 
Profit made by it. If there was much, it is probable 
that more would have been erected before this Time. 
Nor can I learn for certain whether this one is worked 
at present. — We have no other Manufacture carried 
on here (without the C'Oarse kind of Glass made at 
an old Glass-House near Salem may bo reckoned such) 



1774] ADMIKI8TKATI0N OP OOVEBNOB FBANKLIN. 445 

that can at all interfere with those established at G. 
Britain. For though some of our Farmers make more 
coarse Woollen and Linen Cloth in their FaraOies than 
formerly* yet I believe it is a certain Fact throughout 
British Ameiica, that the Quantit)^ manufactured, 
however much increased, bears no Proportion to the 
increased Demand, arising from the great Increase in 
the Number of Inhabitants. — The Value of the Pro- 
duce, &c, exported cannot be known, as we have no 
Way of ascertaining the Quantity, for the Reasons ber- 
fore mentioned. 

13, What Mines are there ! 

ATiswery There are no Mines but Iron, and one or 
two of Copi>er; but the principal Copper Mine has not 
been worked to Advantage for several Yeai-'s past. 

13. What is the Number of Inhabitants, Whites 
and Blacks ? 

Anstver^ I endeavoured in the Year 1772 to get the 
exact Number of Inhabitants, together with an Ac- 
count of the Births, Burials, Ac. for which Purpose I 
had printed Blanks (of the Form sent herewith) sent 
to the several County Assessors, but as it would occa- 
sion them some additional Trouble, for which there 
was no Allowance, and as it was no Part of the Duty 
enjoined tliem by Law, many of them refused.' A 
general Account of the Returns which were made is 
sent herewith, and the Assembly, upon my Applica- 
tion at the last Sassion, have promised to provide for 
the Expence of having the Lists taken at the next 
Assessment, which, when completed, shall be immedi- 
ately transmitted to His Majesty. At present the 
Number of Inhabitants of all Sorts is, from the best 



'The Qorn^or had fTWently written to his Fnther on this BDhJed. Under (into 
of April 6, lT7d> BenjaniUi Fnuikliu wrote biiu : " Your auoounta at the numbers of 
|K<ople, blrtlis, btirinh. (•tc. In 3-our provliK>e wfll bo vwy acreeftble to me. and par. 
Ucularly ao to Dr. Priix^, Compm**-*) with fomuT ooooonta, tbej wfU show the 
IneraMU of your people, but not imrfvcUy. as I Ihink a KveaX maujr have gooe from 
Mew Jeney to tbe ntore aouihern oolooJea."— (Torto, TUl.. 41. 



446 



ADMINISTRATIOli OF OOVBKNOR PRASfKUN. 



[1774 



Calculation which caa be made, thought to be about 
130,(KK). 

14. Are the Inhabitants d«x?reased or increased within 
the last Ten Years; how much, and for what Reasons; 

Answer^ The Inhabitants I suppose to have increased 
upwards of 20,(»ih) in the last ten Years, though greal 
Numbers have quit the Colony, & have migrated to^ 
Virginia, North Carolina, the Ohio, Missisipi, &c, — 
The princii>al Reason of their Increase is, thei-e being 
plenty of Land to bo had at a moderate Price, by 
which they can easily procure a Subsistance for 
Family, and consequently ar-e encouraged to marry 
early in Life. 

15. What is the Number of the Militia, and under 
what Regulations is it constituted. 

Answer^ The Number of Men capable of bearing 
Arms in the Militia are reckouetl at about 20,(>f>o; but 
there are not above half that Number who are regu- 
larly mustered and trained according to Law. Th< 
Militia Officers are appointed by the Governor, and' 
they are authorized by Law to list all Persons between 
the age of 1*» and .^o Years (except the Gentlemen of 
His Majesty*s Council, the Representatives of the As- 
sembly, Ministers of the Gospel, Physicians, & some 
othera) who are to appeai' in the Field aiTued and ac- 
coutred twice a Year, in order to be taught the Use of 
Arms, and at such other Times as the Govr or Com- 
mander in Chief Shall call them together by an Order 
in Writing. — The great Number of Quakers in the 
Wastern Division are the principal Cause of the Militia 
Law not being properly executed there, for, as they 
will not appear on Training Days, they become subject^ 
to a Fine, which, as they will not pay unless they are' 
distrainVl upon, there are few Gentlemen who live 
among them that incline to take Commissions in tin 
Militia, their Duty i'e<piiring them t^ take C^iv that 
such Fines are duly levied, wliich often must occasion 



1774J ADMINISTRATIOH OP OOVBRNOR FRANKLIN. 447 



■ 



them to disoblige Sc live uiK>a bad Terms with their 
Quaker Neighbour. 

16. What Fort« and Places of Defence are there 
within your Government, and in what Condition^ 

Answer, There are no Ports or Places of Defence 
within the Colony. In the late War there were a few 
Stockado'd Forts ei'ecteil on the Frontiers to giiani 
against the Incui-siona of the Indians, but thei*e arc 
no Remains of them to be found at this Time. 

17. What Number of Indians have you, & liow are 
they inchn'd i IS. What is the Strcu^h uf the neigh- 
boui-iug Indians ? 

Answer. Thei-e arc a few Families of Indians, mak- 
ing iu all about 50 or 00 pei'sons, settled on a Tract of 
upwaitls of 3,000 Acres, calle<i Brotherton, iu Burling- 
ton County, purchased for their Use by the Province, 
and entailed on them & their Succe^ors for ever. 
These are all the Indians settled in or near this Prov- 
ince, and they ai-e a cjuiet inoffensive People. 

19. What is the Revenue arising within your Gov- 
ernment & how is it appropriated & applied i 

Ajiswer^ There is no regiUar established Revenue in 
this Province of any kind. There is no Provincial 
Duty or Excise laid on any Commodity whatever, at 
east none which pi-oduces a Failhing to the pubhc 
Ti*easury. An Act was passed at the last Session for 
Striking loojjooi; in Paper Bills, to l>e eiuitted on 
Loan at 5 ^' Cent. This Act, if coniirmed by the 
Cix>wn, will pix)duce a Revenue of about 5,ooo£ a 
Year, which is (according to a Clause in the ActJ to 
be afterwards appropriated by particular Acts of As- 
sembly* for the Support and other Exigencies of Gov- 
ernment, as the Money shall from time to time be 
wanted, and as the several Branches of the Legisla- 
ture can fi'om time to time agree; for there are no 
permanent established Salaries paid by the Colony. — 
The annual Allowances made U:> the Officers of Gov- 




448 ADMINISTRATION OP GOVERNOR FRANKUN. [1774 

emment are i-aised by annual Taxes on the I'eal & per- 
sonal Estates of the Inhabitants, as are all the contin- 
gent Charges of Government. — There is, besides, an 
annual Tax of 15,o00£ a Year, to continue until the 
Year 1782, in order to discharge the Debt incurred by 
this Province during the last War. The Quota which 
each County is to pay of this Tax, as Settled in the 
Year 1 769, is as follows, viz* 

Bergen ..._ , £900: 13: U 

Essex 1114: 7:0 

Middlesex 1308: 10:0 

Monmouth 1603: U: 

Somerset 13.56: 8: 

Morris.. _ 10S5: 2:0 

Sussex SHM: 18: 

Huntei-don .- 2045: 15: o 

Builington l6o7; l(»: 

Gloucester - 1144: 14:0 

Salem loii): S: o 

Cumberland 57S: i»: 

Cape May.-- •_ l^50: 7: o 

£15,000: 0: 

20. What are the ordinal^ and extraordinary Elx- 
pences of your Government ? 

Ansufi'Tj The onlinary ExjM^nces of Government are 
the Salaries of Officei-s— the Wages of the Members of 
the Council & Assembly— Printing Laws and Minutes 
of Assembly, and the Hke, which do not altogeth*»r 
communibus aunis, amount to above i5,oo€ or ]6,^hi£ 
Sterling. — The Wages of the Members of CouncD & 
Assembly are 6s. Currency or 3s. !>d. Sterlinpr edch for 
every Day they attend, or are on their Journey to & 
from the Meetings of the General Assembly. The 
Clerk of the Assembly has I'>s. Currency or a1x>ut rts. 
3d. Sterling ^^ Diem during the Session, besides an 
Allowance for Pens, Ink tSc Paper, and for copying 



1774] ADMINISTRATION OF OOVEUNOR FRANKLIN. 449 



the Laws and Minutes. The two Sei-geauts at Amis 
(.one to each House) are allowed 38. Cuirency p' Diem 
during the Session, equal to ahout Is. 10'' Sterhng, 
The Doorkeei)er to the As.senihly is allowed 3s. Gd. 
Currency, or 2s. Sterl? a Day The Clerk of the As- 
sembly, Sei'geant at Arms, and the Doorkeeiiers ai*e 
appointed by the Governor, generally on the Ilecom- 
niendation of their respective Houses they belong to. 
— ^Besides the foregoing there is allowed to the Gover- 
nor 6o,£ Currency, or £37.10.0 Sterling for House 
Rent, and to the Chief Justice, or other Justice of the 
Supreme Court, 10£ Currency, or £6:5:0 Sterl? for 
holding each Circuit Couii of Oyer & Terminer when 
there shall be a real Occasion for holding the same. — 
Sometimes there is likewise an Account for contingent 
Exj^encas incurred by the Agent in solliciting tin- Af- 
faire of the Province at the public Offices in England, 
which Seldom amounts to 30£ Sterling |^' Anmiin. 

The following is an Account of the Salaries granted 
to the Officers of Government by the la.st annual Sup- 
port Act, in Cun-ency and Sterling, with a List of the 
Names of the Officers, in which is likewise mentioned 
the Authority by which they are r&si>ectively ap- 
pointed, and the Tenure of their Commissions, viz^ 
29 



17741 ADMlNTSTKATrON OF OOVERKOR PaAXKLIJT. 451 



Besides the above Officei-s there i8 a Chief Justice 
apix)inted by Mandamus from the CrowTi, & commis- 
sioned by the Governor, and three Collectors of His 
Majesty's Customs appointed by the Loi*ds of the 
Treasuiy, all of whom receive no Salary from the C'ol- 
ony.— The Chief Justice is paid out of the King's 
Revenue in New York £400.0:0 What the Salaries of 
the Collector's are I know not.— 

N. B. The above Salaries are reckoned in Sterling 
Money at fiO ^' Cent» but as Exchange is now, and 
has been for some Time, at 69 or 7i> W Cent, conse- 
quently the Salaries are 9 or 10 ^' Cent worse than 
they are here estimated at, i. e. it ^vill require lOy or 
I70£ Currency to purchase a Bill for 100£ Sterhug in- 
stead of 1«»0£ the Medium of Exchange. 

The extraordinary Expences of Government are 
chiefly for the Repair of the Ban-acks, and for the 
Supply of the King's Ti*oops which happen occasion- 
ally to be Stationed in this Colony.— These extra Ex- 
pences seldom exceed Six or Seven huadi-ed Pounds 
Sterling a Year. — There is no militarj' Establishment 
Supported by the Colony. 

Wf Fraxklin 

BuRUNGTON March 28, 1774 



the Province of New Jersey, and of the Mai*- 
im the l'^ of July 1771. to the 1"^ of July 1772 



Vh' 


iiiiiv 


TnOTPtll 


FamilltM 


mored 
















Births Uid Burihtti of 


Wgma. ot the Prav- 


into ihf Prf»T- 


N^rRToes In Uip Pparlnw 


NeKTo*'» within (ho 


H i^ce within 


tuef wlihin 






said Y^^r, 


B tbv Mid 


Year 








■ Yf«r 






1 




BuriaJa 


r 




BUlM 


Feuuitit 


1 


Blrthfl. 


HaJ'fl F'tELftl's 


f cousiflUiiff or 


CondlMingof 






















s 






',,' 


■ 
































t 












1 






1 


1 


1 








1 


1 


1 


J 




% 


£ 


1 




! 


S 


e 


I 


^ 


S 


a 


fe 




P 


Sg.l! 


■I 


I 


1 


e 
3 


B 


3 


3 

1 




i 


3 


IS 


3 


3 


1 


«j 


1 




li 


!l 


14;: 


1 


i 


,2 


^ 


^ 


^ 


^ 


^ 


^ 


^ 


i 1 E 


^ 


^SM 


k 


g 










































111 


« 


sno 


«l 


4S 


41 


n 


BO 


IH 


1A4 


ffi2 tfll 


1,11 


ans' 


7 


BIS 


« E 


1 1 


u 


u 


« 


4G 


m 


b 


17 


in 


flf 


8NI 


Wffl 


SPfl 


361 :Jirt 


f*K 


irw 


Tirh 


'tis;) 


5 4 


1 4 


14 


1« 


« 


W 


f^^ 


1 


S9 


u 


« 


ITU 


s»n 


411 


149 171 


iVit 


. ;»i 


i« 


fl«i 


1 9 


n ^ 


fl 




» 


« 


KH 


4 


e 


13 


ai 


78 


100 


i:Ti 


M. az 


139 


' sio 

1 


a 


7ia 


*9 


1 1 


D 


la 


S 


18 


7 


u 


IK 


A7 


77 


1*2 


^m 


W 69 


IS» 


aiH' 


4 


4 ft 


2|3 




4 


» 


4 


11 


lij 


*. 


A 


1 


t 


SI 


w. 


m 


Ifl ifi 


44 


11 rt 


3 


1 3 


-J 1 






X 


1 




s 










91 


SB 


50 


IB S* 


W 


1 111 


» 


fl 4 




1 








' 






» 


17 


IS 


K 


8 


IS 


IB 


«8 


t» 


ISS 


»1l 




AT 


m 


IM 


\m 


B 


9 17 


A 


a 


j « 


» 













^>.. 




















1 






































.. -.1 






1' . 






















' 












1 I 






































1 ; 







i 



^^v 


ADMINISTUATION 


OF GOVERNOR FRANKUN. • [1774 1 


^^^H An Account of the Exports from the Poi-t of Perth | 


^^^H Amboy. between the 5^" 


of January 1770 and the 5'" of ^J 


^^^H January 1772 




■ 


^^H 


Barrels Flour 


1000. 


Ropes Onions ^H 


^^H 


Barrels Bread 


19H. 


Bush'" Rye ^M 


^^H 


W^ ditto 


0. 


Firkins Butter ^H 


^^H 


Bush? Ind" Coni 


1. 


Barrel & 2o Bush! Nuts ^J 


^^H 115.420. Staves & Heading looo. Hoops ^^ 


^^H 


Boartls 


HO. 


Empty Hhd* ^H 


^^^p 


K Shingles 


1. 


Parcel of Earthen Ware 1 


^^B 


Tons Iron 


I. 


Barrel Bitters ^H 


^^H 


Tons Mmleira Wine 


^H 




ife sa Gall- 


50. 


Bush' Buckwhe-at ^H 


^^H 


Barrels Beer 


25. 


Bush' Turnip ^H 


^^H 


Pair Shoes 


10. 


Barrels Bees Wax ^H 


^^H 


Gall? West India Rum 10 


. Tons Sasafras Roots ^H 


^^H 


Bush* Potatoes 


4, 


Boxes Candles ■ 


^^^H 


Bush! Salt 


80. 


Barrels & «lo Quintals 1 
C^od Fish 1 


^^H 


Sides of Leather 


■21. 


Casks&55Bai-" Apples ^1 


^^H 


Bush'* Bran 


l». 


Hogslieads Melasses ^^^ 


^^H 


Firkin of Starch 


t>(io. 


Gall- N. E. Rum ^| 


^^B 


Tons of Cyder 


1. 


Ton Log & Red Wood J 


^^H 


Ban-els of Beef <Sc Pork 8. 


Boxes Chocolate ^h 



1774] ADMINISTRATION OF GOTERNOU rSANKLlN. 455 



liepresentat ion from the Lords of Trofle to the King^ 
recommending Prands liopkinson to be appointed 
of the Council in place of Charles Read, who had 
left the Province. 

IFroci p. R. O., B. T.. New Jeraey, Vol. 17, p. flBLI 

Whitbhall April 21V 1774 

To the King's most Excellent Majesty. 

May it please Your Majesty, 

Charles Read Rsquire. one of Your Majesty's Coun- 
cil in the Province of New Jei*soy having departed 
from the said Province, with an intention to settle in 
the Island of S' Croix in the West Indies, and Francis 
Hopkinson having been recommended to us as a iier- 
8on well qualified to serve Your Majesty in that sta- 
tion; We beg leave humbly to propose to Your Majesty 
that the said Fi*ancis Hopkinson Esquire may he ap- 
pointed of Your Majesty's Council in the said Pro- 
vince, in the room of the said Charles Read Elsquire. 
Which is most humbly submitted. 

Dartmouth. Bambek Gascovne. 

SOAME jEy\'XS. W? JoLLIFPE.' 

Whits. Keene. 



> Whltshe^l Kettae WHAppointfMl one of His ICaJes^ CommiReloiicre for trndn 
uid plBiiUUoDS, Jan. tt. 177-1. Messrs, Jpnyns, OaMtgroo and Jollirro wert; n>ap- 
potnt«d at the sune timt.—DodaUu'i ^miiuil Bcffiwterfor 1771, 188. 



456 



AI>M1KI8TIUTI0N OF OOVERSOB FBANKUN« [1774 



Lelier/rom the Earl of Dartmouth to Gov. Fmnkliu, 
relative to tlie rettiaval of the Treasurer of East 
Jersey^ etc. 

irrom p. R. O. Anwrteft and West IwUm, Vol. 115.1 

Whitehall 4*" May 1774 

Governor Frankliii. 

Sir, 

I have received your Letter of the :is".' of Febry, and 
have laid it before the King. 

It is a great Satisfaction to me to find that an end 
has been put to the Dispute respecting the removal of 
the Treasurer of the Eastern Division, and that Har- 
mony is hkely to be restored l^etwcH^n you and your 
Assembly; but I cannot but lament at the samo time, 
that the Htjuse should have been so void of C'-andour 
in their ProceerUngs. as to have made that Dispute a 
Fi-etence for refusing to gi*ant the Supplies for the 
King's Ti'oops. 

•Tn constHjuence of your Recommendation of M' Hop- 
kinson the Boaixl of Trade have proposed his being 
appointed of the Council in the Room of M' Reed. 

Inclosed I send you by t\u' King's Command HLs 
Majesty's Order in Council on the 13'** of April, ap- 
jiroving an Act passe^l in New Jei*sey in September 
IVTi*, which you will not fail to make public in the 
manner usual uix)n such Occasions.* 

I am »Scc" 

Dartmouth. 



' See p. Wr, onfc 



1774J ADMIKISTRATION OF GOVERNOR FRANKLIN. 457 



Letter from Gov. Franklin to the Ear! of Dartmouth^ 
relative to the Boston Port Act; a Congre-ss of 
Members of the several Houses of Assembly; the 
removal of the seat of government from Burling- 
ton to Perth Amboy^ etc, 

\VTom P. R. O. America and We«t Ind(««, Vol. 17T (100).] 

BuKUNOTON May 31^ 1774 
The Right Hon''!^ the Earl of Dai-tmouth 

My Lord^ 

Since my last I have received two Circular Dis- 
patches from W PownaD, dat^d March 1(» and April 
6, inclosing Copies of His Majesty's Message to both 
Houses of Parliatnent relative to the late Disturbances 
in America, their Ilesolutions thereupon, and the Act 
of Failiament i'esi>e.cting the Poii; of Boston. The lat- 
ter has been published in the usual Manner, tho' the 
People of this Colony are not concerned in carrying 
on any Commerce with the Province of Massachusetts 
Bay. 

It is difficult as yet to foresee what will be the C'on- 
sequenccs of the Boston Port Act. It seems as if the 
Merchants of Philadelphia and New York at their late 
Meetings were inchned to assist or co-o|>erate with 
those of Boston in some Degree, but not to carry Mat- 
tel's so far as to enter into a general Non-Imjxn'tation 
and Expoi-tation Agreement, as was proposed to them 
by the Town of Boston.— However, I believe it may 
be depended upon that many of the Merchants, on a 
Supposition that a Non-Importation Agi-eeruent (so far 
as it respects Goods from Great Bjitain) will l>e cer- 
tainly entered into by next Autumn, have ordered a 



458 ADMINISTRATION OP OOTEnNOR FBANKUN^ [1774 

much greater Quantity of Goods than common to be 
sent out by the next Fall Shipa from England. 

— A Congress of Mem]>era of the several Houses of 
Assembly has been proposed, in order to agree upon 
some Measures on the present Occasion, but whether 
this Expedient will take place is as yet unceiiain. 
The Virginia Assembly some Time ago appointed a 
Committee of Correspondence to correspond with all 
the other Assenibhes on the Continent* which Exam- 
ple has been followed by every other House of Repre- 
sentatives. I was in hopes that the AsvSembly of this 
Province would not have gone into the Measure, and 
I took some Pains with several of the piincipal Mem- 
bers for that purpose, which I had Reason to think 
would have been attended with Success: For tho' 
they met on the lO'^ of November, yet they avoided 
taking the Matter into Consideration (tho* frequently 
urged by some of the Meml)ei's) until the 8*?* of Febru- 
ary, and then T believe they would not have gone into 
it, but that the Asstmbly of New York had just h*?- 
fore resolved to appoint such a Committee, and thoy 
did not choose to ap|)ear singular.' The Measure is, 
however, as I told them, very absui"d, if not unconsti- 
tutional, and cannot even answer their Purpose, for 
as the Sittings of the Assemblies, and their Contin- 
uance, in many of the Provinces, depend on the. Pleas- 
ure of the respective Governors, it is not to be doubted 
but that the Governoi-s will pron>gue or dissolve them, 
whenever they see they aiv attempting anylhing im- 
proper; and, whenever an Assembly is dissolved, the 
power of its Committee is of couree annihilated. 

His Majesty may be assureil that I shall omit noth* 
ing in my Power to keep this Province quiet, and 



' The Hoiue rated, FebruarT* 8, 1774, fiem. eon., tu i&tipolnt a Stutdtug Oam 
of Correcpovuleooc and Liqulry: Jamris Kinwr, 8t«pbco Craue, UoDdriok] 
Samanl Tucker, John WrtheHII, Kobert KrirBil Prim*, John Hiiietuiiaa, 
Mebabn and Sdward IWjrtor.— JVinvfc* Pritvincial Comgreu, ofto., of im, I. 



1774] ADMliaaTRATION OP OOVBRKOR FRANKLIN. 



459 



that, let the Event he what it may« no Attachments 
or Connexions shall ever make me swei-ve from the 
Duty of my Station. — As the Times are likely to be- 
come more and more difficult, and will consequently 
requii-e more fi'equent Meetings of the Council, I have 
(tho' it will occasion rae a considerable additional Ex- 
pence) resolved on removing to Amboy, where I can 
with greater Ease assemble them than at Bmlington 
my present Residence. It is, indeed, in every respect, 
a Place better adapted for the Seat of Government 
than any other in the Province. 

I send herewith the Minutes of the last Session of 
Assembly, and was in hopes to have likewise Sent by 
this Opportunity, a Copy of the Minutes & Journals 
of the Council, and of the Laws which passed, but the 
Secretary has just informed me that ho hiis not been 
able to get them quite compleated, they being so very 
bulky. 

They will, however, certainly be sent by the next 
;ket. 

I have the Honour to be, with the greatest Respect 
and Regard, 

My Loi-d, Your Loi-dship's most obedient 

and most humble Servant 
W? Franklin 



Letter frovi the Commitiee of the people of Esscv 
County to the inhabitants of Monmouth County^ 
commenting on the events at Boston and recom- 
mending a general meeting at New Bt'unswick, 

[From 5ew Jeranj HiHiarloal BoclH.y Hanuscripta.] 

EuzABKTH Town, June 13th, 1774. 

To Messrs. Edward Taylor, Richard Lawrence, 
Elisha Lawrence, Jokn Taylor and Henry 
Waddle, and others, Inhabitants of the 



460 ADMINISTKATION OF GOVERNOR 7RAMKLIK. [1774 

County of Monmouth, Friends tx> the Lib- 
erties and Privileges of the American Col- 
onies. 

Oentlenem, 

The alarming Measures which have heen lately 
taken to deprive the Inhabitants of the American Col- 
onies of their constitutional Rights and PrivileRes, to- 
gether with the late violent Attacks made upon the 
Rights and Liberties of the Inhabitants of the Colony 
of the Massachusetts Bay (for asseiting and endeav- 
ouiing to maintain their Rights) manifestly intended 
to crush them without Mercy and thereby disunite 
and weaken the Colonies, and at the same time dare 
them to assert or own their Constitutional Rights, 
Liberties or Properties, under the Penalty of the like, 
and if possible, worse Treatment; and as the Assem- 
bly of New Jersey ai-e not like to meet in Time, to 
answer the Design proposed, and the neighboring Col- 
onies are devising and expecting the immediate Union 
of this Colony with them — Sundiy of the Inhabitants 
of the County of Essex by Advertisements convened 
a general Meeting of said County at Newark, on Sat- 
urday last, when the said Inhabitants unanimously 
entered into certain Resolves and Declarations upon 
that Occasion, a Copy of which You have inclosed.' 
We, the Committee apixiinted by the said Meeting, do 
earnestly i^equest that You will immediately by Ad- 
vertisement or otherwise, call a general Meeting of 
your County for the Purposes aforesaid as soon as 
possible, as we have Intelligence that it is most prob- 
able tlie general Congre^ of the Colonies will l»e held 
the latter End of July next. Wo think New Bruns- 
wick the most Suitable Place for the Committees to 



* T1i« CAtt for the meeUng, and th« rpftolutiona adopUKl, an pubUab«d In Ainvrl' 
can Archlviw, Fourth Serlea, 1., 400, and in Mlnutai of the Prorinclal Oongr ea a. ale., 

or 177&, fl-e. 



1774] ADMINISTRATION OF OOVERNOB FRANKLIN, 461 

meet, and with Submission to them desire they will 
meet us at New Brunswick on Thui*sday the Twenty- 
first Day of July next, at Ten o'clock in the Morning, 
unless Some otiier Time and Place more Suitable shall 
in the mean l^ine be agi*eed uix>ii. 

We earnestly request your answer as Soon as possi- 
sible. 

Lettei's of this Tenor and Date we now dispatch to 
the other Counties of this Colony. 

EWe are, (ientleraen, 
Your most ob't Serv'ts 
m by order, Stephen Crank, Ch'n. 



Letter from Qov, Franhlin to the Earl of Dartmouth^ 
transmitting a number qf Acts of the New Jersey 
Assembly. 

(Vtom p. R O. America a&d Wad ladlM, Vol. 177x106).! 

Burlington June 13^)* 1774 
Right Hon'*' the Earl of Dartmouth. 



My f^rd, 

I have the Honour to transmit to your Lorilship hy 
this Opportunity thirty -three Acts which passed at the 
last Session of General Aasembly, together with a 
printed Copy of the same, also Copies of the Jom-nals 
of the Coimcil during that Session; and the Minutes 
of Privy Council from the 22" of February 1773 to the 
31"^ of March 1774. 

Two of the Acts have Clauses suspending their Ex- 
ecution until His Majesty's Pleasure shall be known, 
which the Agent will be directed to sollicit the Confir- 
mation of. The first of them is an Act for Striking 
One hundred Thousand Pouuds in Paper Bills of 



462 



AnMrmsTRATios of oovebvor ^anklis. fl774 



Credit and emitting the same npon Loan. This Act 
will, if confirmed by His Majesfy, be an useful Act, 

as such a Medium of Commerce b^ns to l>e wanted, 
on Account of preat Quantities of Paper Money, which 
had been struck & circulated during and since the late 
War, being now called in, and sunk agreeably to the 
Acts of Assembly for that Purpose. "It wiH besides 
enable the People to part with their Gold and Silver 
for Reraittiinces to England, and the Assembly to 
make a more adequate Allowance to the Officers of 
Government out of the Interest, which will amount 
to Five Thousand Pounds a Year. Both the Council 
and I tried to get the Assembly to appropriate in the 
Bill a certain Part of the Interest towai*ds paying the 
Salaries of Officers during the Continuance of the Act, 
and for building Houses for the Residence of the Gov- 
ernor and the Meetings of the Legislature, of which 
there is a shameful Want in this Province; but they 
would not consent to any other Apjiropriation than 
what is contained in the Bill, i, e, making the Interest 
Money Subject to the Dis|>osition of future Acts of the 
whole Legislature. Some of them Ijowever in their 
private Capacities, declaied that in case the Bill should 
be confirmed, they would be veiy \\41hng to augment 
tlie Salaries, and to pro\'ide for the building of such 
Houses, out of that Fund. Most of the Gentlemen of 
the Council are notwithstanding of Opinion tliat if 
this Act was disallowed on Account of its not contain 
ing such special Appropriations, and some Intimations 
given that it would have been confirmetl had it been dif- 
ferent in that resi>ect, the Assembly, rather [than] not 
obtain so beneficial a I^w, would consent to pass a Bill 
conformable to the proposeil Alterations. But it did 
uot appear altogether proper for me to refuse the Bill 
on this Account, as it was tendei-ed with a Suspending 
Clause, and as the two adjoining Provinces, New 
York & Pennsylvania, have each of them lately ob- 
tained Acts of a similar Nature. 



1^74] ADMIJfisTRATrON OP OOVERNOK FBANKUN. 403 



The other Act which has a Suspending Clause, is an 
Act for the Rehef of Abner Hetfield an Insolvent 
Debtor, the Reasons for Passing of whicli are truely 
set forth in the Preamble, and are such as it is hoped 
wUl induce His Majesty to confu^m it. 

There are only two other Acts which need any par- 
ticular Notice. One of them is to oblige the Ti-easiu*- 
ers of the Colony to give Security for the due Execu- 
tion of their OflSces, and the other is to authorize the 
present Ti-easui-er of the Eastern Division to bring an 
Action against the late Treasurer of the said Division 
for the sum he alledges to have been stolen fi-oni the 
Treasur)'. The fii-st of these was net^essary, as thei*e 
was no Law befoix* for the Purpose; but the second 
seemed to me to be entirely needless, as I look'd upon 
the Attorney General to be fully authorized by his Of- 
fice to file an Information for the Recovery of the 
Money, and that that was the proper and legal Method 
to be taken in this Case. However, as the Attorney 
General happened tt) be the Brother of the late Ti'eaa- 
urer, and as a Majority of the Council as well as of 
the Assembly were of Opinion that there were some 
peculiar Circumstances in the Case, which made such 
a Law proper, and there being several Precedents of 
Laws of the hke Nature being passed on similar Occa- 
sions, in this and the neighbouring Colonies, I gave it 
my Assent on being assured by the late Treasurer that 
neither he nor his Council learned in the l^w had any 
Objection to it. The Particulai-s of what passed in 
the Privy Council respecting these two Laws may be 
seen in the Minutes of the i*'?' & iOV* of March last, to 
whicli I l)eg leave to refer your lx)rdship. 

I havy the Honor to be, with the greatest Respect 
and Regard, 

My Lord, Your Lordship's most obedient 

& most humble Servant 
W! Franklin 



464 



ADMIXISTRATION OF fiOVKBNOH FRANKLIN. 



[1774 



Letter from Governor Franklin to the Earl of Darl- 
mouthy (ransmitfing certain re.'iolution^ adopted 
at a meeting of the freeholders and inhabitants of 
Essex County, aiming to bring altout a Congress 
of deputies from all the Colonies. 

IFrom p. R O, America and Wetrt laOJa*. Vol 177 aM>.J 

BuRMNGTON Juiie 2H«*' 1774 

Rt. Hon*^* the Eai'l of Dartmouth 

My Lord 

I have just received a Copy of some Resolves entei-ed 
into at a Meeting of a Nnniher of Freehoklers antl In- 
liabitants of the County of Kssex, in this Province, on 
Saturday last, which I think it ray Duty to tiansoiit 
to your Lordship. The Meeting was occasioned, it 
seems, by an Advertisement requesting the Attend- 
ance of the Inhabitants on that Day, and published in 
one of the New York papers, and signed by two Gen- 
tlemen of the Law who reside in that County. I have 
likewise had an Application made to me. by some of 
the Members of the House of Representatives, to call 
a Meeting of the General Assembly in August next, 
with which I have not nor shall not comply, as there 
is no public Business of the Pix)vince which can make 
such a Meeting necessary. It seems now determined 
by several of the leading Men in most if not all of the 
Counties in this province to endeavour to follow the 
Example of the Freeholdei-s in Essex. Meetings of 
ihis Nature thei-e are no Means of pi-eventing, where 
the chief Part of the Inhabitants incline to attend 
them. I as yet doubt, however, whether they will 
agree to the general Non-Impoilation from Great Brit- 
ain which has been recommended. Their principal 




1774] ADMINI8TRATI0K OF nOVBRXOR FRANKLIN. 405 

Aim seems to be to bring about a Congress of Depu- 
ties from all the Colonies, as proposed by \'irginia, 
and that that Congress should not only apply to His 
Majesty for the Rej»eal of the Bo8t(»n Port Act, but 
endeavour to fall upon Measui-es for accommodating 
the present Differences between the two Countries, and 
preventing the like in future. It is indeed thought by 
many of the Friends of Government }iere, that a Con- 
gress if properly authorized by His Majesty, and con- 
sisting of ttie several Governors, & some Members of 
the Council and Assembly in each Province, would \ye 
productive of the most beneficial Consequences to the 
Britisli Empire in general, more especially if they were 
assisted by some Gkintlemen of Abilities, Moderation 
and Candour from Great Britain commissioned by His 
Majesty for that Puri)ose. There has b(wn, indeed, an 
Instance of Commissionei's being sent over to settle 
Matters of far less Importance to the British Interest, 
than those now agitated, which are, perhaps, worthy 
of moi-e Attention and Consideration than any Thing 
that has ever before concerned Great Britain. At 
present there is no foreseeing the Consequences which 
may result from such a Congress as is now intendwl 
in America, chosen by the Assemblies, or by Commit- 
tees from all the several Counties, in each of the 
Provinces. 

1 have the Honour to be, with the greatest Respect 
and Regard, 

My Lord, Your Lordship's most obedient 
and most humble Servant 
W? Fkanklin 



Copy of the Resolvas of the Freeholders of the 
County of Essex in New Jersey June 11^^ 
1774 

At a meeting of the Freeholders & Inhabitants 

30 



4^6 



ADMINrSTRATlON OP GOVERNOR PRAKKUN. 



[1774 



of the County of Kssex, in the Pr(^\inc^ of 
New Jersey, at Newark in the said County, 
on Saturday the ll*** June 1774 

This meeting taking into SeriouM consideration some 
late alarming measures adopted by the British Parlia- 
ment, for depriving his Majesty's American Subject** 
of their undoubted and constitutional rights and privi- 
leges, & particularly, the act for blockading the Port 
of Boston, which a|>pears to them, pregnant with the 
most dangerous consequences to all his Majesty*s 
dominions in America: do unanimously resolve and 
agree, 

I. That under the enjoyment of our constitutional 
privileges and immunities, we will ever cheerfully 
render all due ol)edience to the crown of Great Britain, 
as well as full faith and allegiance to his most gracious 
Majesty, King George the third: and do esteem a firm 
dependance on the mother country, osseutial to our 
pohtical security and happiness. 

II. That the late act of Parliament relative to Bos- 
ton, whicli so absolutely destroys eveiy idea of safety 
and confidence, appears to us, big with the most dan- 
gerous and alanning consequences; especially, as sub- 
versive of that very dependance. which we would ear- 
nestly wish to continue, iis our l>est Safe-guai-d and 
pi*otectit)n: and that we conceive, every well-wisher to 
Great Britain and her Colonies, is now loudly called 
upon to exert his utmost abilities, in promoting every 
loyal and pmdential measuiv, towanls obtaining a re- 
peal of the said Act of parhament and all others sub- 
vei'sive of the undoubted rights and Liberties of his 
Majesty's Amerit^n 8ubje(jts. 

III. That it is our unanimous opinion, that it would 
conduce to the i-estoration of the liljerties of America, 
should the Colonies enter into a joint agi^ement not 
to purchase or use any articles of British Manufactory; 



1774] ADUl.VISTRATIOX 01 



467 



and especially any commodities imported from the 
East-Indies, under such restrictions as may be agreed 
x\{X)n by a Genei'al congress of the said Colonies here- 
after to be appointed. 

IV. That this county will most readily & Cheerfully 
join their Brethi-en of the other counties in this Prov- 
ince, in promoting such congress of Deputies, to be 
sent from each f)f the Colonies, in order to form a 
General plan of union, so that the measures [to] be pur- 
sued for the important ends in View, may be uniform 
and fii-ra: to which plan when concluded upon, we do 
agree faithfully to adhere. And do now declare our- 
selves i-eaiiy to send a Committee to meet with those 
from the other Counties, at such time & place, as by 
them may be agreed upon, in order to elect proi)er 
persons to represent this Province in the said genei'al 
congress. 

V. That the freeholders and Inhabitantsof the other 
Counties in this Province, be requested sjjeedily to con- 
vene themselves together, to consider the present dis 
stressing state of our Public affaii-s: & to correspond, 
and consult with such other Committees, as may be 
ap{W)inted as well as with our committee, who are 
hereby directed to corres|»ond and consult with such 
other committees, asalso with those of any other Prov- 
ince: and particularly, to meet with the said county 
Committees, in Older to nominate and appoint depu- 
ties to represent this Province in General congress. 

VI. We do hereby unanimously request tlie follow- 
ing Gentlemen to accept of that trust: and accordingly 
do appoint them om- Comtnittee for the puiix>ses afore- 
said. Viz. Stephen Crane, Henry Garritse, Joseph 
Riggs, William Livingston, William P. Smith, John 
DeHart, John Chetwood, Isaac Ogden, and Elias 
Boudiuot Esq" 



468 



ADM1KI8TRATI0X OP GOTEIiKOK PRA.NK.LIM. 



[1774 



Letter from the Earl of Dartmouth to Oot\ Franklin, 
relative to the Committee of Correspondence^ and 
the ■ removal of the seat of government from Burl- 
ington to Perth Amboy. 

Unrom F. a. O. Amerioa 4t West ludlea, VoL 177 (ISO).) 



Whttkhall 6 July 1774 



Governor Franklyn 



Sir 

Since my last Letter to you I have received yours of 
the 2. & 31. May numbers. 11. & 12, and have laid 
them before the Kin^a;. 

The measum of appointing Committees of Corres- 
pondence was too genemlly adopted to encourage a 
hope that the Assembly of New Jersey would not con- 
cur in it; You did weU however to use your endeav- 
ours to dissuade them from it and to point out to them 
its inutility & general impropriety, And T should do 
injustice to my own Sentiments of your Character and 
Conduct in supposing you could be induced by any 
consideration wliatever to swerve from the Duty you 
owe the King. 

The little encouragement that has been given in 
ra(»st of the Colonies to the requisition mmle by the 
Assembly of the Massachusetts Bay wears a favorable 
aspect, but we cannot be too much upon our Guard, 
and the reasons you have assigned for fixing your res- 
idence at Amboy are approved by the King. 

I am Ac* 

Daktmol'TH. 



1774] ADHlNrSTRATION OP UOVEKNOH FRANKUN. 



469 



Convcjition [to Nominate Delegates to the Continental 
dmgresSf etc. 

[From Stiiiutea of ProvlaoUl CongrvM uid CoanoU of Safety, p. iA.] 

At a general meeting of the Committees of the sev- 
eral Counties in the Province of New Jersey, at New 
Brunswick, on Thur>M:la.y, the :21st July, and continued 
to the Satu rday f ollo^ving. Pi-esent, seventy-two 
Members. 

Stephen Crane, Esquii*e, in the Chair. 

The Committees taking into their serious considera- 
tion the dangerous and destructive natui'e of sundry 
Acts of the British Parliament, with respect to the 
fundamental liberties of the American Colonies, .con- 
ceive it their indispensable duty tol>ear their open tes- 
timony against thorn, and to concur with the other 
Colonies in prosecuting all legal and necessary meas- 
ures, for obiaining thoir speedy repeal. Therefore, 
we unanimously agree in the following sentiments 
and Resolutions: 

1st. We think it necessary to declare, that the in- 
habitants of this Province, (and we are confident the 
people of America in general) ai-e, and ever have been, 
firm and unshaken in their loyalty to his Majesty King 
George the Third; fast friends to the Revolution Set- 
tlement; and that they detest all thoughts of an inde- 
pendence on the Crown of Great Britain; Acccordingly 
we do, in the most sincere and solemn manner, recog- 
nize and acknowledge his Majesty King George the 
Third to be our lawful and rightful Sovereign, to whom 
\inder his ix)yal protection in our fundeniental rights 
and privileges, we owe, and will render all due faith 
and allegiance. 

2d. Wo think oureelves warranted from the princi- 



470 ADMINISTRATION OF O0VEK170R FBASTKLIK. [1774 

pies of our excellent Constitution, to affirm that the 
claim of the British Parliament, (in which we neither 
are, nor can he represented) to make laws, which shail 
be binding on the King's American subjects, **in all 
cases whatsoever," and pailicularly for imposing taxed 
for the puipose of raising a revenue in America is un- 
constitutional and oi>pres8ive, and which we think 
ourselves boimd in duty to ourselves and our poster- 
ity, by all constitutional means in our power, to op- 
pose. 

3d. We think the several late Acts of Parliament 
for shutting up tlie j>ort of Boston, invading the Char- 
ter rights of the Province of the Massachusetts Bay, 
and subjecting supposed offenders to be sent for trial 
to other Colonies, or to Great Britain; the sending 
over an armed force to carry the same into effect, and 
thereby reducing many thousands of innocent and 
loyal ialiabitants to poverty and distress; are not only 
subvei-sive of the nndoubteil rights of his Majesty's 
American subjects, but also repugnant to the common 
principles of humanity and justice. These pixx-eed- 
ings, so violent in themselves, and so truly alarming 
to the other Colonies, (many of which are equally ex- 
posed to Ministerial vengeance,) i-ender it the indis- 
pensable duty of all, lieartily to unite in the moet 
proper measui-es, toprocm*e i-edress fortheii* oppressed 
countrymen, now suffenng in the common cause; and 
for the re-establisimient of the constitutional rights of 
America on a solid and permanent foundation. 

4th. To effect this important ]>urj>OBe, we conceive 
the most eligible method is, to appoint a General Con- 
gi'ess of Commissi()nei>i of the i*es|)ei"tive Coloniee; 
who shall be em}H>wei*cd mutually to pleilge, each to 
the i^est, the [uiblick honour and faith of their constit- 
uent Colonies, tirmly and inviolably to adhei-e to the 
determinations of the said Congress. 



1774] ADMINISTRATION OF OOVTIRNOR FRANKLIN. 471 



5th. Resolved, That we do earnestly recommend a 
general non- importation and a non-comsuniption agree- 
ment to be entei-ed into at such time, and regulated in 
such manner, as to the Congress shall appear most 
advisable. 

0th. Resoh^ed. That it appears to us, to be a duty 
incumbent on the good people of this Province, to af- 
ford some immeth'ate relief to the many suffering in- 
habitants of the town of Boston. 

Therefore, the several County Committees do now 
engage to set on foot, and promote collections, with- 
out delay, either by subscriptions or otherwise, through- 
out their i-espective cf>UTities; and that they will lemit 
the moneys arising from the aaid subscriptions, or any 
other benefactions, that may be voluntarily made by 
the inhabitantK, either to Boston, or into the hands of 
James Neilson, John Dennis, William Ouke, Abraham 
Hunt, Samuel Tucker, Dr. Isaac Smith, Grant Gibbon, 
Thomas Shinicks, and John Carey, whom we do hereby 
appoint a Committee for forwarding the same to Bos- 
ton, in such way and manner as they shall be advised 
will best answer the benevolent pni'pose designed. 

7th. Ret<olved, That the grateful acknowledgements 
of this body are due to the noble and worthy patrons 
of constitutional liheily, in the British Senate, for 
their laudable efforts to aveit the^ storm they l)ehold 
impending over a much injui-ed Colony, and in support 
of the just lights of the King's subjects in America. 

8th. Resolved. That James Kinsey, William Living- 
ston, John Dehart, Stephen Crane, and Richard 
Smith, Esquires, or such of them as shall attend, be 
the Delegatesto represent this Province in the General 
Continental Congress, to be held at the City of Phila- 
delphia, on or about the fii'st of September next., to 
meet, consult, and advise with the Deputies from the 
other t'olonies; and to determine upon all such pru- 
dent and lawful measures as may be judged most ex- 



i*tt A.DMINI6TIUTI0N OF GOVEBNOK FRANKLIK. [1T74 

• 

pedient for the Colonies immediately and unitedly to 
adopt, in ^Ji-der to obtain relief for an oppressed people, 
and the redress of our genei-al giievances. 
Signed by oi*der. 

Jonathan D. Rerqkant 
Clerk. 



Letitr from the Standing Committee of Correspond- 
ence and Enquiry, of the New Jersey Assembly, 
to Benjamin Franklin^ inquiring as to the pro- 
ceedings of the Parliament of Great Britain^ 



(From Works of Beniamiik FrankUn. edited by Sparln, vm.. ue] 



Sir, 



Burlington, 26 July, 1774 



At the last seaaion of Assembly we were appointed 
a comraittee. to obtain amongst other tilings the most 
«ar!y and anthi-ntic intelligence of all acts and resolu- 
tions of the Parliament of Great Britain, or the pro- 
ceedings of adtninisti-ation, that may have relation to, 
or any ways affect, the liberties and privileges of 
America. 

Wo know of no person so proper to make application 
to, on tliis <>(XxXsiot\, as to yuu, our Agent: and we 
should be glad if you would favor us with any, that 
should come to your knowknlge, or that you would 
point out any more proi>er moile U^ enable us more 
effectually to answei' the purpose for which we aro 
appointed. 

We are sensible of the difficulties, which an atten- 
tion to your trust has already laid you under; and it 
will give us great pleasnre to find you rise superior to 
all the late attenipts to do you j)rejudice. Ptrhaps the 
i-equest we make may be attended with an impropriety, 
which escaped our attention. If it docs, be plc^ised to 



1774] AOMINISTRATION OF GOVERNOB FRANKLIST. 478 

favor U8 with your sentiments; they wiD be received 
with g^reat respect on this, or any other occasion; for, 
with j<reat tnitli wo can assuit? yon, that we should be 
glad of all opixn tunities to show the high esteem we 
entertain of your int+^gi-ity, as well as of your abilities. 
We ai*e your most humble servants and friends, 

Samukl Tucker 
John Mehelh, 
ROBKRT F. PmoE, 
Henky PAXSoy.' 



Letter from Gov, Franklin to the. Earl of Dartmouth, 
relative to the first Congress in PhUadeJphia, and 
containing *^ secret intelligence,^' 

tFrom P. R. O. America Rod West Indies, Vol. l"? (106).] 

Burlington Sept' (iV* 1774 
The Right Hononnible the Earl of Dartmouth 

My r^rrdj 

1 (luely received your Lordship's Dispatches N? 9, 
Ht, and II, with the sevei-al Fapui-s mferred tothei-ein. 

Since ray last nothing of a public Nature worth 
communicating has occuri-ed in this Province, except 
that there has been a geneial Meeting of the Commit- 
tees of the Several Counties at New Brunswick, when 
they came to Resolutions Similar to those of the other 
Colonies, a Copy of which is contained in the enclosed 
printed Paper. 

The Delegates from the Several Provinces met Yes- 
terday for the fii-st Time in Pliiladelphia. — As I tliink 



' M«Mra. Tucker aud Mt'hclm wen* fnim Huntenloa county; Price w&s from 
QkKUe0t«r, and Paxaon waa trom Buriington. 



474 ADMINISTRATIOK OP OOVEBXOR FBAXKUX. [^"^^ 



it ray Doty to inform His Majesty of every Matter 
which may com« to ray Knowledgfi that may even- 
tually affect his Interest or the public Welfare, and as 
tlie Pro<.:eedingB of the present American Congress are 
indisputably of that Nature, I have sent your Lord- 
ship, enclosed. Extracts of two Letters from a Gentle- 
man who is one of the Delegates, which not only con- 
tains an Account of their first Day's Transactions, but 
will serve to give an Idea of the Dispositions of some 
of the principal Members of that Body, and what may 
be expected from them. — The Gentleman who wrote 
these Letters is a veiy prudent and moderate Man. ex- 
ti'eraely averse to the violent and rash measures pro- 
posed by the Virginians and Bostonians, and was in 
hopes to have formed a Party among the Delegates 
sufficient to have prevented a Non-importation agree- 
ment for the present; but he seems now to despair of 
Success, as a Majority of the Southern and Northern 
Delegates are so much for that Measure, that those of 
New-York, New-Jersey and Pennsylvania who are of 
different ftentiments, l>egiii to think it will answer no 
good End to make any Opposttion.— It was likewise 
his Purpose to propose a Plan for a poUticnl Union 
between the two Countries; and, in order to prejwire 
the Minds of the People for it, and to put them, as he 
says, in a proper Train of Thinking on the Subject, 
ho has wrote the enclosed Pamphlet intitled Aryn- 
ntenta on Both Sides, dtc. But whethei-, now he finds 
the Sentiments of a great Majority of the Delt*gates ho 
very different from his own, he will venture to pub- 
lish his Pamphlet, tho' the whole is printed off, is un- 
certain. The principal Part of his Plan is, a-s I am 
told, the making an Application for Leave to w»nd 
Represfntntivfs from vnch Colony in Americd (o the 
Parliament In Great Britain; a Measure which, not- 
withsttiuding the many Difficulties and Objec!tions 
made thereto, on botli Sides the Water, he thinks will 



1774] JVDMINI3TRATI0N OF OOVERNOR FRANKLIK. 475 

be the only effectual Remedy for the present Evils, 
and prove a lasting and beneficial Cement to all the 
Parts of the Bntish Empire. 

These Communications are made to me by a Gentle- 
man of Character, in Confidence that they will be 
kept entirely Secret; and your Lordship must be fully 
convinced of the Impropriety of their being made 
known to any but His Majesty and his most confiden- 
tial Servants; for should they be once publicly known 
in England they will be certainly known here, and of 
course a Stop vpill be put to my obtaining any farther 
Intelligence from tbat Quarter. 

1 have the Honour to be, with the gieatest liespect 
g and liegartl, 
^B My Lord, Your Lordship's most obedient 
^^^^H & most humble Servant, 

^^M W?* Franklin 

r Em 



[Secret and Confidential] 

Extract of a Letter from one of the Delegates 
for the Congress at Philadelphia— Dated 
Saturday Septr 3*! 1774 



— **Iam just returned from Philadelphia, whoro I 
have been to wait on, and endeavour to find out the 
Temper of the Delegates. Near two Thinls of them 
ai*K arrivKl, and I conclude all will be i-eady tu proceed 
on Business on Mondny. I have not had any givat 
Opportunity of sounding them. But so far as I have, 
I think they will behave with Temper and Modei-ation. 
The Boston ComniLssionei's are warm, and I believe 
wish for a Xon-importation Agreement, and hupe that 
the Colonies will advise and justify them in a I{efusal 
to pay for the Tea until their Aggrievauc^s ai^e re- 
dressed—They ai*e in their Behaviour and Conversa- 
tion very modest, and yet tliey are not so much so as 




47n 



ADMINISTRATION OF GOVKKNOU FRANKLIN. 



[1774 



not to throw out Hints, which, like Straws and Feath- 
ers, tell us from which Point of the Compass the 
Wind comes. I dinwl with them on Thursday." 

**I have had two Opportunities, one with the elder 
Butlidge of Carolina, whose Sentiments and mine dif- 
fer in no one Particular so far as T explained myself — 
and I was reserved in no Point save that of a Bepre- 
sentation in Parliament — He is a (Gentleman of an 
amiable Character — has look'd into the Arguments on 
both Sides more fully than any I have met \vith, and 
seems to be aware of all the Consequences which may 
attend rash and imprudent Measures — His younger 
Brother is rather warm. — My other Opportunity was 
with the two New-Hampshii-e Gentlemen— I found 
Col. Folsom veiy cool & moderate — Major Sullivan 
rather more warm, but very candid and has thouglit 
solidly on the Subject — I think neither of them in- 
tends to attach himself more to the particular Cause 
of Boston than will be for the general Good— They re- 
quested Opportunities of exchanging Sentiments with 
me often on the Occasion— and all my Observations 
seemed to have full Weight with them. — The Mary- 
landers are not anived, and but Three of the Virgin- 
ians, Peyton, Bland, and Leo are arrived." 

" I have intimated to several of the Delegates the 
Necessity of sending Connnissionei-s over, fully au- 
thorized, to the British Court, as a Mode pm-sued by 
the Roman, Grecian & Macedonian Colonies on every 
Occasion of the like Natui'e— That thro' them we may 
be enabled, in case our first Plan for accommodating 
our unhappy Differences should not be acceptable, to 
know the better what to propose next— that having 
these Gentlemen at the Scene of Action we shall be no 
longer misled by News paper Accounts and private 
Letters, but shall piijceed on solid Information and 
Principles of Safety— That without this, any Petitions 
or Plans, not having any Persons to explain and Sup- 



1774] ADMINISTRATION OF GOVERXOB PRAXKLIN. 477 

port theiu, will have very little Effect — That in all 
Probability the Measures of the present Congi-ess will 
be deemed illegal & unconstitutional, and that upon 
this Point only the Necessity of Sending Pei^sons 
Home to insist upon the Eight in the Colonies of being 
heard, and to prove that the Illegality of the Congress 
arises from the Measures of Power in not suffering 
the Assemblies to meet; — and if, after all, those Rea- 
sons should not procure due Attention to the Proposi- 
tions of the Congress, to pray that the Governors may 
have Orders to permit such Meetings, and to give As- 
surances that theii- (.'ondnct will be decent respectful 
& dutiful to the Mother State. — That a conduct of this 
kind cannot fail to give Strengtii to our Cause, and, if 
not inuuediately, in the End bring the Government to 
attend to toason and redress om* Agginevances. These 
Intimations seemed to have their Weight, and, as far 
as I could observe, met with Approbation. ^You may 
depend on my commnnicating to you from Time to 
Time the Transactions, &c of the Congress." 



Extract of another Letter fi-om the same Gen- 
tleman, dated Philmlelphia, Monday Sepf 
6, 1774. 

— ** The Congress this Day met at Ca7-2)€nter\s Hall, 
notwithstanding the Offer of the Assembly Room a 
much more proper Place. They next proceeded to 
chuse a Secretary, and, to my Sui'prize Charles Thom- 
son* was unanimously elected — The New Yorkei*s and 
myself and a few others, finding a gi\»at Majority, did 
not think it prudent to oppose it^Both of these Meas- 
ures, it seems, wei-e privately settled by an Intei'est 
made out of Doors. 

**I cannot say but from this Day's Appearance & 



One of the roost vEolent Sonu of L{l>eriy (so calle<l) Id Amnrica. 



478 



ADMI5ISTRATIUX OP QOVBBNOB FRANKLIN. [1774 



Proceedings, I have altered very much my last Senti- 
ments — The Virgiuiaiis and Carolinians, Rutlidge ex- 
cepte<i, 8eeni much among the Bostouians, and have 
at their Instance adopted the two above Measures.— 
The Gentlemen from New York have aa little Exj)ec- 
tations of much Satisfaction from the Event of Things 
as myself. — 

** To-morniw we are tt) determine whether we are 
to vote by Colonies, each having a single Vote, or 
otherwise.'" 



Copy of a Pamphlet in Govrntior Fraiikiin\s of .Sep. 
f ember y\th^ 1774. 

fpyom p. R. O.. Amerlcft uul West ludksft. Vul. 196.) 

Arguments on Both Sides in the Dispute be- 
tween Great-Britain and her Colonies. In 
which those in Favor of the Power of Par- 
liament to bind the Colonies are stated and 
answered, and the Rights of the Colonists 
explained and asserted on )iew and jui<t 
Principles. By a Sina^re Friend to both 

Countries, To which isivided Lord N 's 

Political Creed with respect to America, 
Printed in the Year 1774. 

Abguments, &c. 

Great Britain insists that the Parliament, as the su- 
preme Head and Ix»gislature of all the British Domin- 
ions, has a Right to bind the Colonies as Members of 
that Dominion in all Cases whatever — And in Support 
thereof alledges — 

First, That in every State or Society it is essential 



1774] ADMIN18THA.TI0N OF GOVEBXOR FRANKLIN', 



470 




that there should be a supreme Anfhorify — a supi'enie 
Power of Decision — to l>iiid, cement and tie together 
every Part or Member, That upon this Principle all 
Governments are instituted — and that without it, So- 
ciety or Government cannot nor ever did exist. 

That the Forma of all Governments and Societies 
prove tliis, as none were ever yet formed without a 
supreme Power of Decision lodged somewhere over 
every Part of the Community. 

That the Patriarchs of old held this supreme Au- 
thority — Tliat the same in a Moiiatvhy is lodged in the 
Monarch — in an Arist<x'racy in the Nobles — in a De- 
mocracy in the People or their Delegates— and in a 
mixt Form of Government it is vested in the King, 
Lords and Commons — as in Britain. 

Secondly^ That the Territory now divided and 
formed into C^olonies was obtained by the British 
State either by Conquest or by the Discovery of its 
Subjects; and consequently became a Part of the 
Realm, and subject to its supreme Legislature. 

That the Crown, or the fii-st Branch or Member of 
the British state, considered this Territory as a Part 
of the Realm, and therefore several if not all of the 
Chartei-s, giving Liberty to the Subjects of that State 
to leave the antieut and to settle in the new acquired 
Territory, expi'essly declared that they should be con- 
sidered as Membei-s of the same State notwithstanding 
their Change of Tenitoiy — and Subject in their Alle- 
giance and Obedience to its supreme Legislature. 

That uiK)n this express Condition the Grantees of 
the IjOtteis Patejit, under the Seal of tlie State, ac- 
cepted of the Leave to migrate and of the Territory — 
And that wliatever Briton or Foreigner has, since the 
Date of such (^hartei's, come into the Territory so 
granted upon Condition, and has become an Occupant 
thereof, did implicitlfi aijree and consent to tfte same 
TermSj viz, to yield Obedience to the supreme Author- 
ity of the State. 



4«0 



ADMrNISTBATION OF OOVEHyOR FRANKLIN. 



[1774 



That had the Crown granted such Charters even 
with an express Exemption from the supreme Author- 
ity such Grants would have been void. 

1. Because the Territory granted was not the pri- 
vate Property of the Grantor or King executive, hut 
of the Crown, or King, Lords and Commons, as the 
Representatives and Trustees for the Nation, in whom 
alone the supreme Power of the whole State is veflte<l. 

2. Because, altho' the Crown is vested by its antient 
Pi*ei'ogative with a Power to incorporate any Numljer 
of People i-esiiUng witliin a particular Circle of Teiri- 
tory, and to vest them with a Power to make By 
Laws, Rules and Ordinances for the better Govern- 
ment of that Territory, yet that Power does not ex- 
tend to a Right to emancipate the People or Grantees 
from their Oliedience to the supreme Jurisdiction — 
and therefore such Exemption would have been an 
Excess of Authority, and what he liad no Right to do 
— and, of coui*se, void. 

3. Because such a Power would enable the King to 
divide the British Realm into a.s many petty States as 
he pleased, and discharge the whole People of Great 
Britain from their Obedience to the Government, and 
thereby dissolve the Constitution. 

4. Because no Power or Authority can discharge a 
Subject h\m\ bis Otelience io the supreme Authority, 
unless it be the same Power who formed that Author- 
ity, or by an universal Agreement. 

Thirdly, That under these Terras of Obedience to 
the Legislature of Great-Britain^ and this Idea of its 
Authority over them, the Inhabitants of the Colonies 
must be supposed to have settle<l — And in Consequence 
tliereof the British Legislature has u|X)n many Occa- 
sions, at a Variety of Times, held forth and exetx^ised 
Authority over them, and they have as uniformly 
yielded a due OlxKlience to all the British Laws inspect- 
ing the Colonies; as well those .imposing Taxes and 
laying Duties as othei-s, until the Year 17fl5, 



1774] ADMINTSTBATION OF OOVEBNOR FIIANKUN. 



481 



That all the learned Judges of England, and the 
Judges and other Officers of Justice in America, in 
Conformity to this Idea of parliamentary Power over 
the Colonies, have put in Execution the Laws made 
I>efoi"e the Settlement of the Colony, and those enacted 
since, extended by the words of the Act to them, with- 
out Doubt or Hesitation, until the above mentioned 
Period. 

Fourthly, It is further alledged by Great Britain, 
that her Legislature not only thus constitntionally 
holds the Right to bind the Colonies by her legislative 
Acta, but them is a Necessity they should do so, aris- 
ing from theii* particular Circumstances, and for their 
own Preservation, For tliey say. 

1. That the Colonies are 'Ptventy -seven in Number, 
and, with respect to each other, in a State of Nature, 
destitute of any political or governmental Union or 
supremo Authority to compel them to Act in Ooncei't 
and for the common Safety, or to maintain themselves 
in that Harmony which constitutes the whole Bti'ength 
of every Society — That their diffei-eut Forms of Gov- 
ernment, PixKluctions of Soil, and Views of Commerce 
— their diffei*ent Religions, Tempers and private Inter- 
ests — theii* Prejudices agaiust and Jealousies of each 
other— all have, and ever >vill, from the Natm*e aud 
Reason of Things, conspii-e to create sucli a Diversity 
of Interests, Inclinations #id Judgments, that they 
never can, a.sall Ex^ierience has shewn, in their pres- 
ent Situation, unite together for their common Safety, 
or to avoid any geneml Mischief, or to enact an}^ salu- 
tary Measure for the general Good. And of necessary 
Consequenc^e, as they are now become the desirable 
object of several European Powers, and have among 
themselves Men of Abilities and Ambition, they must 
soon l)ecome a Prey to some foreign Yoke, or to the 
arbiti'ar)'' Power and Dominion of the ambitious among 
themselves, lost to the Brliinh Nation., and destitute 
31 



483 



ADMimSTRATlON OF GOVKRKOR FRANKUN. (1774 



of tiiat Liberty they are now so earnestly contend- 
ing tor. 

2. That it arose from this disunited State of the con- 
tinental Colonies, and their conducting their Policies 
upon these Principles, that a Handful of the French 
Subjects, acting upon the Reverse, were enabled to 
conceit theii" Plana with such superior Wisdom, and 
to exert such a suj>erior Degi'ee of Strenj^th, as to 
endanger the 8afty of the British Colonies, and 
to thmw them into such Disti'ess as induced them to 
claim and imploi*e the Assistance and Protecrtion of 
the Britisli Legislature, who accordingly affoi-ded them 
Aid, and gave them Protection and their piesent Se- 
curity. And altho' some of the Colonies contributed 
Uberally at Times, yet at other Times even thonc 
omitted this most important Duty, while others gave 
no Aids to the general and common Defence. 

3. That there can be no Proposition more rational, 
more equitable, or more true than that every Part or 
Member of a Dominion or State ought to contribute 
towards the Prol^xtion and Safety of the Whole, and 
of every Part which constitutes that Whole, in Pro- 
portion to the Projwrty, Wealth and Strength which 
each Part or Memlwr posso&ses.— That this is a neces- 
sary and indispensable Obligation, a primary and essen- 
tial Consideration in every (rovernment or S(H?iety — 
And that it is equally rational. e(]uitable and true, 
when the Perverseness of the Conduct of Mankind is 
considered— That there must l)0 a supreme legislative 
Authority to remedy the Mischiefs arising fiom this 
Disunion of the Colonics, and to comi»el them to per- 
form the last mentioned, and other Duties which arise 
from the IS'ature of Society, and tend to its general 
Welfare and Safety. 

-t. That ill every (Government Prot^^:tion luid Alle- 
giance or Obedience are reciprocal Duties—Protection 
fixjm the State demands and entitles it to receive Obe- 



1774] ADMIK18TRATI0K OF GOVERNOR FRANKLIN. 483 



dience and Submissiou to its Laws or De<;i-ees fi-oin the 
Subject. And, 6 contra. Obedience and Bubmission 
to its Laws entitle the Subject to demand and have 
Protection from the State. If then the Colonies are 
rightfully entitled to the Protection of the British Leg- 
islature the British Legislature is also equally entitle<l 
to their Submission and Olx^dience to its Laws. 

5. Tliat a Denial, iu the Colonies, of Obedience to 
the Laws and Regulations of the British L/egislature, 
is not only destructive of their Right to its Protection, 
but, is an explicit Declaration that they are distinct 
and independant States without political and govern- 
mental Connection, which can only bind and cement 
the several Parts or Members of all Societies or (iov- 
emments together, and enables them to unite for their 
common Safety. L^^jwn these Arguments, drawn from 
the established Principles of all (Governments, from 
the Necessity of a supreme Power to order, direct and 
regulate every Meml>er and Pai-t of them, fram orig- 
inal Right and Property in the Territory of the Colo- 
nies, from the Allegiance due from the People before 
their Migration, fi-om the Nature of their Charters, and 
from the Necessity resulting from theii present disu- 
nited Situation, the British Government derive their 
Claim to bind the Colonies in all Cases whatever. 

Z>/ lis now hear the other Side. Can notliing be 
said in Favor of the Colonists ? Is their Discontent 
occasioned by the Exercise of the parliamentiiry Au- 
thority over them groundless and iinreasonable ? 
Have they been in Pui^suit of an Object to which they 
can lay no Claim, an IgnLs Fatuus f If so, all their 
Clanaoui-s and Associations are to be disregardetl, and 
the severe Measures held forth to intimidate and i>ring 
them to their Duty are at least raoi-e justifiable than I 
at fii*st thoui;lit.— But before we determine, let us en- 
quire into a Matter of such infinite Importance to 
both Countries — and, in the Inquiry, let Caudor and 



484 



ADMIKISTRATION OF OOVERNOR FRANKUK 



[1774 



lDiI>artiality prevail in every Sentiment. To act other- 
wise in a Case of so much Weight would be idle and 
ridiculous. It would be trifling and spoiling with the 
most sacred Things, the Liberties and Welfare of 
Millions. 

To accomplish a Task so aixluous, uix»n considering 
every Thing that has been advanced in Favor of Amer- 
ica, I find I must, to tread with Safety, leave the 
beaten Paths. They ai*e *' puzzled with Afazes and 
perplexed with Enx)^." — They have been hackney'd 
over and over again, and yet have never led the Trav- 
eller to a Place of Rest or Safety. I shall not there- 
fore rely on the refined Distinctions between Taxation 
and Representation and Legislation — between intttrnal 
and external Taxation — l>etween Taxes laid for the 
Regulation of Trade and for the piu*pose of Revenue — 
or between the Riglit in Parliament to bind the Colo- 
nies by some Laws and not by aU. They are Distinc- 
tions, in njy humble Opinion, with Resi>ect t<^ Arneti' 
can Rights, without a Difference; and, could they be 
supported, we could not draw from them any Thing 
beneficial to the Freedom of the Colonies — I have 
searched for them in the connuon Law — in the Usage 
and Customs of Emjlaml — in the Volumes of the Stat- 
utes — and in tiie J^aws and Journals of Parliament — 
and they an^ not to be f4.»und— Nor will I defiend on 
the niunerous Pillai-s of American Freedom, erected 
by the Resolves of the several Assemblies, viz. " The 
Tmiv of God and Nature" because we aiv not in a 
State of Xatun? but of Society — nor '* on the common 
Rights of Mtinkind," because the Rights of Mankind 
ai*e as different as the Forms and Policy of tlie Society 
they live under are different — nor on Amtrican Char- 
ters, because I can find little or nothing in thera in 
Favor of American Claims, nor on Act,s of Parlia- 
ment, heciuise tlie l\»iMt in (jiiHstion is the Authority 
of Pai'liameut~I shall therefore take other Ground 



1774] AnMnrisTKATiox op oovbrkor fkanklik. 



which T triLst will be moi*e safe and tlofensible— I mean 
the Constitiitiou of the E)i<jh'sh Goveninieiit, and the 
Principals and I'olicy upon which it is founded. 

On the other Side then it may l>e asserted in Favor 
of America^ tliat alth^^* the Facts advanced against her 
may be true, and the Arguments drawn from those 
Principles may l>e just, yet t,aking the Subject deeper, 
and tracing the Pohcy upon whicli the English Ct>nsti- 
tution was estabhslied, and bringing into View the Se- 
curity and Freedom which was inteuded by that Poh'cy 
to l>e ensured to thv Oovernedy to every Meml>er of the 
State, it will ap])ear that Parliament ought not, as 
the Cohmies an? at present circumstanced, to bind 
them by its Legislative Authority. Because, 

1. Power naturally I'esults from Property and Es- 
tates, and wherever it is lodge<l, it is intended for their 
Pn>tection and Security: and as the iMuds of every 
Comnuuiity are the most permanent, unchangeable 
and excellent, of all Kinds of Pmperty, the Supi'eme 
Head of most States, which are not despotic, derive 
their Power chiefly from the landed Interest. And al- 
tho' we cannot trace the Emjlish Govei'nment up to 
the Time of its Origin, no Histories or Ke<;ords extant 
running so far hack, yet this much is proved and c^- 
tahUshe<l from very antient Histories and Documents, 
and from the Plan of Government used in England 
from Time inuuomorial, that it derived its Power 
from the same Source; and it is likewise certain that 
the same Pohcy or Principle of Government has gen- 
erally prevailed, if not been unifoimly adhered to, un- 
til the present Times. 

2. That the Loi-ds and Commons, who hold so large 
a Share of the supreme Legislative Authority of the 
British Government, derive their Power from, and 
i'epresent the Lands within the Realm. And tliat 
hence the antient Maxim, That no Laws are Irindiny 
save those which are made with the Consent of the 



486 



ADHIXIST&ATION OF GOVERNOR FRANKUN. [1774 



whole Nation^ i. e. of the Proprietors of all the Lands 
within the Reulm. A Maxim which has been from 
Time immemorial, undoi'stcxxi and held in England as 
the Foundation of their Liberty and Government. 

3. That, so far as we have any Knowledge of the 
Government of our Saxon Ancestors in their own 
Country, the Froprieiors of the Land gave their per- 
sonal Attendance in the Legislative Council, and 
shared the Power of making Laws, 

4. That during the feudal Law all Landholders had 
a Right and wei'e obligttd to meet in the feudal Courta, 
and give their Assent or Dissent to the Laws there 
pro]iosed. 

5. That after the Dissolution of the Heptarchy, and 
the Union of the seven Kingdoms, when the Numbers 
of the People and their Remoteness from the Place of 
Convention rendeied a personal Exei*cise of tl^e Legis- 
lative Power impracticable or inconvenient, it was 
necessary, in order to preserve the Governnient on the 
same Principles of Freedom, and to continue tlie 
Right of the l^andholders to a Sluire in the supreme 
Power, to divide the Kingdom into Tithings. and to 
vest the landed luterest for each Tithing or Borough 
with a Right to send Itepi^esentatives to the Wittena' 
Gemot or Parliament, and from that Period down to 
the Conquest the C'ommons or l^iudholdei*s composed 
a Part of the Legislature. 

0. That after the Con(|uest by WiUiam I, when, to 
secure the Conquest he thought some Alteration in 
the supi-eme Power necessary, this Principle of Repre- 
sentation by the Holdere of Land was adliei'ed to with 
this only Difference, that the Power of the Represen- 
tatives of the Tithings was made hereditary, and that 
of the Boroughs continued elective a« before. Thus, 
as well l)efore as since tlie CoTKpiftst, ever>' S|M»t of 
Land l>eing either within some Barony, Tithing or 
Borough, was represented, either by the Barons, 



1774] ADMINISTKATION OF GOVERNOR FBANKUN. 487 



Wites» or Burgesses, who, in Right of their Lands and 
Estates, held and exercisetl a Share in the supreme 
Legislature. 

7. That after the Civil W'arl)etween Stepheuy Maud, 
and Henry the SeaMul, when many of the Baronies 
were divided into stualler Portions, and conveyed to 
inferior Tenants in Capitc. so indispensable and neces- 
sary was a Eepresentation of every Part of the Eny- 
li'sh Territory lield, tliat those Tenants were immedi- 
ately impowered in Right of their Tenures to send 
Meml)ei-a to the House of Commons, and to participate 
in the supreme Power of the Nation. 

H. That thus this Right continued uutil the Time of 
Henry VL when, tlie Lands being divideii into smaller 
Portions, eveiy Freeholder of Forty 8hillin^?4 per An- 
num was impowered to vote for Knights of tlie Shire. 

9. That this Power of Legislation has ever, from the 
Time of om* Sojcon Ancestors, been held and fully en- 
joyed by the Engliah Subjects and Landholders with- 
in the Realm without Interruption or Abatement, 
except in Cases whei-e the Rights of all the Branches 
of the Sujireme Authority has been invaded by ai'bi- 
trary Power, and even in those Cases this P(.>wer has 
been uniformly i-estored with those of the other Parts 
of the supreme Power so invaded. 

lu. Tliat King John^ in the gi*eat Charter granted 
for the Restoration and Confirmation of the violated 
Rights of Parliament, engages **not to impose any 
** Taxes without summoning the Archbishops, the 
" Abbots, the Earls, the greater Barons and the Ten- 
^^ ants in Caplte,'' who, as before mentioned, held a 
Right to be repiesented in the House of Commons. 

11, That in the 17th Year of Edward U. another 
Statute was made, to restore and confirm the Rights 
of the Subject, declaring that ^^ whatsoever conctnis 
" the Estate of the Realm and the People^ shall be 
'* treated in Parliament by the King, with the Consent 



488 



ADllDflSTRAtTOK 6? QOVBUXOR FRAKKUN'. 



*'of the Pj-elates, Earls, BaronB» and CommonaJiifi of 
^^ the Ri'ahvi,'' which ("oramonality is the Repre^enfa- 
lives of the lAtufh and Freeholders of England^ in 
Parliament—And that thore are divers other Stat- 
utes since to the same Effect. 

V2. That this most excellent Power of Legislation in 
the People, derived from the Share they Jjold in the 
Lands, was originally, and yet is of the Easence of the 
Emjlish Government; and ever was and still oon- 
tinueB to be the great and only Check upon arbitrary 
Power, the great Bulwark against Tyranny and Op- 
pression, and the main Pillar and .Support of the Free- 
dom and Liberties of the English Subject. And that 
the Ebccellence of this Power consists in affording to 
every Part of the Territoiy a legal and con.stitutional 
opportunity of representing by their Delegates at all 
Times their Wants, Necessities and Danger, to the 
great and supreme Council of the Nation; and after 
they are represented to advise, consult and decide up- 
on the proi)er Regulations for their Relief. 

\X Tliat no Part or Spot of the Lands in Avierica^ 
or the Owners and Proprietor thei-euf are in Right of 
suck lyiiuls represented in the British Parliament, or 
in any Manner paitiike of the Power which is to de- 
cide ui>ou their Lives» Liberties, or Properties— That, 
wanting tliis I'ower and Privilege, the British Gov- 
ernment is as absolute and despotic, with respect to 
the Colonies, as any Monarchy or despotic Govern- 
ment whatever, in as much as the Pei-sons, Lives, 
and Estates of their Inhabitants is at the Disposal of a 
Power accoiding to its Will and Pleasm*e in which it 
has no Voice or Participation. 

14. That should the People in America be bound by 
the LiawK of the British Parliament, while under their 
pri»sent Circumstances, their Condition would Ix^ moiv 
slavish than that of the People of Engtaud^ should the 
Powers of the House of Connnona be abolished, and 



1774] ADUINrATRATIOy IIP noVBRItfOR FRAKltUN. 



480 



the Lantlholdei-8 under the Degree of Nobility, be de- 
piived of their Share in the supreme Authority, be- 
cauwH ill that Case a veiy considerable Part of the 
Lauds within the Realm, held by the Nobles, would 
still be represented. 

From all which it, may be collected and is proved, in 
Favor of Aviert'ca, that as no Part or Parcel of her 
Territory, nor any of the Ownei*s thei-eof. are repre- 
sented in, or in any Manner paitake of the supi-eme 
Legislative Authority of Greaf Britain that Authority 
ought not, upon the Principles u|>on which it was 
originally constituted and has continued to exist ever 
since, to exercise its Jurisdiction over the Colonies, 
notwithstanding all that has been advanced in Favor 
of the Exei"cise thereof. For, 

First, Altho* in every State a supreme Power is 
necessary to draw togothei- the Foi-ce, and to regulate 
the Welfare of every Part and Member of it, yet that 
Power (when constituted on certain Principles calcu- 
lated to give Safety, and preserve those Membei*s fi'om 
the Decrees of arbitrar}^ Power) if an additional Quan- 
tity of Territory should l>e afterwards acquired and 
settled by the People of the St-ate, whose Persons and 
Estates weie tiefoi-e thus secured in their original Ter- 
ritory, ought not to be exercised over them but upon 
Principles of the like Safety (and not on those which 
take away all Fieedom and destroy their Security 
against domestick oppression) the Enjoyment whereof 
was one of their principal Designs of entering into So- 
ciety. That to act the contrary, would Ix? to reward 
the Settlers, who wei-e once free, and had at the Risk 
of their Lives and Fortunes added to the VVelfaiv, 
Strength and Dignity of the M(»ther Countiy, with 
nothing less than the most abject Slavery. 

Secomlly, That altho' it begrontwl that the Terri- 
tory of America is not vested iu the King, but the 
Right of the State, and thei-efore a Part of the Kealm, 




490 



ADVlN'ISTRATfON OP GOVERNOR PKANKUN. [1774 



yet the parliamentary Jurisdiction ought not to be ex- 
tended to it, as it is in no Manner represented in tliat 
Body. Iiolds no Share of its Power, and of Course no 
opportunity of making known its Wants or Necessi- 
ties, without a Knowledge whei-eof it is impossible to 
form adequate Provisions, or to supply the proper 
Remedies for its Relief. •■ 

Thirdly^ That altho' there may he Words in the sev- 
eral American C.^hai'ters which ann^tmt to an Acknowl- 
edgment of the parliamentary Juiasdiction, yet as the 
Grantees accepted of them fi-om extreme Necessity, 
as it was impossible, but in their infant Endeavours to 
settle a distant Wildemt^ss, they must stand in Need 
of its Pi'ofcectiou, which it could not be entitled to 
without such Acknowledgment, yet that Acknowletlg- 
nient, thus obtainetl, ought not to be enforced against 
them to the utter Annihilation of their antece<ient 
Rights, upon the Continuance and Enjoyment where- 
of all their Safety a^cainst the Attempts of arbitmry 
Power, and their future Hu[>pines8, depend. 

Fourthly. That the Arguments drawn in Favor of 
the Parliament, from the Necessity arising from the 
Disunion «if tlie Colonies, can hear but little Weight, 
as a new Provision^ upon the Principles of the Etig- 
lisli Uoverninent, may readily remove that Necessity, 
and all the Mischiefs arising from such Disunion. 

Fifthly, That it is true, the Protection of every 
Government entitles it to the Allegiance and Ol)e«ll- 
ence of its Members, and yet it must be allowed that. 
that Prot-ection should l)e founded in the Principles 
upon which the Government is established, and not 
on sucii as give them no Tenui-e in the Protection, but 
endanger their Safety, and i-onder them liable to every 
Act of Oppi-eRs^ion whicli the Will and Pleasjire of the 
Government uncontroulcd hy any Check or Power 
whatever shall think proper at any Time to subject 
them to. 



17H] ADMINItJTRATlOK OF OOVBRXOK ^BANKUX, 



4dl 



Sixthly^ That altho' a Denial of Obedience in the 
Colonies to the supreme Authoiity of Britain may be 
destructive of their Right to her Protection, and a 
Declai-ation that they are at present (having no Share 
in that Authority) so many distinct States, yet when 
that Denial shall l)e accompanied witli an express De- 
sire of establishing a political Union with the Mother 
State, and a Pioposal of such Provision to be made 
between them as shall entitle the former to her Pro- 
tection, and place them in such Circumstances as shall 
not only give them the Names but the substantial 
Rights of Members secured in their antient Liberties 
and Free<loin. as the otlier inferior Societies and Mem- 
bers of the State are secured, I say, attended with a 
Preix»siil of this Kind, such Denial does not carry with 
it any Thing unjust — offensive — oi- indelicate, and 
must be held justifiable by all good and reasonable 
Men. 

And Lastly, That from this View of the Dispute 
between Great Britain and "her Colonies, and the 
Measures lately pui-sued to enforce an Obedience to 
her Authority, it does most evidently appear that to 
preserve the Per-sons and Kstales of the Aintriran-s 
from tlie absolute Power of the Mother State, frcm 
the Tyranny of a Foreign Yoke, or from tht; horrible 
Consequences of a Civil War among oui^elves. it is 
become indis^x^nsably necessary that there should l>e 
formed and established between the two Countiies 
some political Union founded on the Pnnciples of the 
British Constitutioii, which shall secure to the Mother 
State a regular and faithful Dischat^e of the neces- 
sary and reasonable Duties of the Colonies, and to the 
Colonies those antient Rights and that Freedom which 
their Ancestors enjoyed in Britain, which they have 
never forfeited, and which they d43mand as the inher- 
ent and unaheuable Rights of Enyiish Subjects. 

What this Union ought to be, the Author will not 



492 



ADMINISTRATION OP OOVKRNOR PRANKLIN. [1774 



be SO presutnptious as to point out, as a CongresB of 
some of the ablest and wiRest Men in America are 
soon to meet on the Occasion, and aa he hojx'^, should 
they come together in a Spirit dictated by Moderation 
and Pnidence, and an unbiassed Regard for the true 
Interests and Welfare of both Countries, their Knowl- 
edge of the Constitution of the English (Toveniment, 
and of the just Rights and Liberties of the Subject. 
will etialfle then to bring this dangerous Controversy 
to an happy Conclusion.' 



Lord N 's* Political Creed with respect to 

America 
From a London Paper , June 4*'' 1774. 

To the Printer, 

Sir, 

Parlianientiiiy Determinations Ix^ing generally con- 
sidered in the |)resent Times as coinciding with the Min- 
istei-s Inclinations, it may not be unentertaining to 
your lieuders to have a clear Idea of the Principles by 
which tbe present Premier has l>een guided in this 
novel and interesting Contention l>etween Greai Brit- 
ain and her Colonies; the Dispute with wh*»m, he 
opines to He witliin a imich narmwer Compass than 
tlie generality of Writei-s have extended it to in their 
voluminous Argumentation on this Subject. 

He maintains that the whole Reasoning on thi» 
Question may be faii'ly deduced fi-om one single Postu- 
late, viz. that the lohabit^mts of the British Coloniea 
are Subjects of the British State. 



> Bom« of the nrsiunenU pmmtPd in the foreffoltiK pamphlet werr submitted by 
JiiMeiih aftlloway. of Pennsylvania, to th^- fontlnt-ntAl < .nnrrvsn — )r»rl:««/ Jnhn 
Adaws. 'tl.,9it. The ^rni^rml fitjie of the paper eoTTt>}<pun(lii with lib vacUWUntf 
courw> a( Hum imtIchI. Thiiw foot* anit ttif wcll-knon'Q Uitiiiiacy b«iwccu Ulm ami 
Uovt>rnar Franklin afford reason far iho htAM that he was thv Unvcrour'M amvi 
cocreapondenl, and the author of the paniphlet rcpiiDtHd above.— IW. N.J 

« I^rU Nurth? 



1774] ADMIKISTRATIOX OP OOVBRNOB PBANKLIN, 493 

This being gianted, their Pretensions must neces- 

ily be founded on one or other of the following 
Pleas: "First, that certain natui-al unalienable and ex- 
clusive Rights, Privileges, and Exemptions, are an- 
nexed to Emigration, altho' the Eiuif>;raatti continue 
to acknowledge a Subjection to the Mother State, or 
that they have acquire<l su(;h distinct Rights, (S:c. by 
Chai-ters or other (jrants from the Legislature of the 
Mother Country, 

The former of these Pleas has, I believe, never been 
advanced, and must indeed nccessaiily be excluded; 
because without the Permission of the State the Sub- 
jects thereof have no Right to abandon their native 
Country; at least if they do, in Breach of an Injunc- 
tion of the Legislatui*e, they virtually become Out- 
laws, and forfeit ail Privileges in the Country to which 
they originally belonged. 

The second Plea, though perhaps moi-e plausible in 
Ajipearance, is at least equally destitute of Validity, 
for this plain Pieason, that all local and distinct politi- 
cal Privileges they can lay claim to, must unavoidably 
be derived from the supreme Power of the Mother 
Country, which is equally co-existent and co-eflficient 
at all Periods; for surely if two Estates of the Realm 
have Power to alter and establish the Succt*ssion to the 
Crown, (which the Americans have acknowledged) it 
would be absurd in the extremest Degree to suppose 
they cannot in Conjunction with the Cn^wn enact 
new Laws, or amend and abrogat<3 any former ones, 
where they judge it expwlient for the good of the 
State. It is manifest their C?hartere can have no 
greater Degree of Validity than othei-s gmnted under 
the same Powers, yet the Right of Governmont of 
altering, abridging, or restraining those Charters, al- 
though murniuiod at by interested Parties, has never 
been controverted with any Degree of Plausibility. 

This System of Reasoning, however, has no Aim or 



494 AI>MINrSTKAT10N OP OOVERKOR FRANKLIN. [1774 

Tendency to abridge or defeat their tr^ie and essential 
Claivi of Redress when they conceive themselves to 
be injured or oppressed by partial and inadequate 
Laws; but is rather meant as a friendly Hhit and 
Admonition, that, instead of attempting to extort by 
Violence a Redress of what they apprehend to be 
Grievances, they should apply for it in such a Manner 
as the Consfitntion obviously prescribe^^ which is 
plainly the only one that can aflford them a rational 
Prosimci of Sncce.^s, or of preferring to themselves 
the Common Rights of their Fellow Subjects, since 
they cannot but lie aware of the/ct/a/ Consequences of 
incurring, by their Obstinacy, the Hazard of being put 
upon the Footing of a conquered People by those who 
at present wish to acknowledge them as Brethren of 
the same Slate, 

This is what you may venture to publish as the 
political Creed of L. N, with respect to America. 
I amy Sir, 

Your most humble SerDani, 
J. P. S. L. H. 



Letter from Benjamin Franklin to Gov, Ftnnklin, on 
American Affairs. 

irrom Work! ol DenianUn Fnaklia, «dfled by Sp«ria.VoL vm^ 1SD*1 

London, 7 September, 1774. 
Dear Son, 

* * * You mention, that my presence is wished for 
at the Congress; but no person besides in American 
has given mo the least intimation of such a desire, 
and it is thought by the great friends of the Colonies 
here, that I ought to stay till the result of the Con> 
gi'pfiis arrives, when my presence here may be useful. 
AH dejH'nds on the Americans themselves. If they 
make, and keep firmly, resolutions not to consume 



1774] ADMINISTKATION OF GOVERNOR FRANKLIN. 



495 



British manufactures till their ginevances are re- 
dressed, this ministi'y must fall, and the laws be re- 
pealed. This is the opinion of all the wise men here, 

I hear nothing of the proposal you have made for a 
Congress of Governors. I do not wonder so much as 
you do, that the Massachusetts have not offered pay- 
ment for the tea. First, because of the uncertainty 
of the act, which gives them no security that the port 
shall be opened on their making that payment. Sec- 
ondly, no precise sum is demanded. Thii^y, no one 
knows what will satisfy the custom-house officei's; nor 
who the others are, that must be satisfied; nor what 
will satisfy them. And fourthly, they are in the 
King's power, after all, as to how much of the port 
shall be opened. As to '^doini^ justice l>efore they ask 
it," that should have been thought of by the legis- 
lature here, before they demanded it of the Bostijn- 
ians. They have oxtoi-tcd many thousan<i pounds 
from America unconstitutionally, under color of acts 
of Parliament, and with an armed force. Of this 
money they ought to make restitution. They might 
first have taken out payment for the tea, and returned 
the i-est. But you, who ai'e a thorough courtier, see 
everything with government eyes. 

I am sorry for the loss of Sir Wilham Johnson, es- 
pecially at this time of danger from an Indian war. 
T see by tlie j«.p<irs that you were witli him at the 
time.' A Spanish war is now seriously api)reliended, 



' Tlio Ke- oiml outbreak on the frontier In the spring of 1771, commouly known om 
Dunmore'M war. wan prediiltated by tli** muKAacre at YeUow SpriiicH. <>□ March I, 
1774, of soveral of the relotlvea of Tab -gati -Jute, or Logan, the uotod ludian Chl<^f, 
whoMt olIeKMl apecich ta ref*>rMun< to Iht? t^ruel ilf«^l, which Iw in kiui) Ut iinvt} 
cbiinre<] to Coloael (i. e.. Captain) MlchAcI Crc$ap. haa bv«n girru a worldwide 
fmnic by JcfTerMn —NoUt on Virffinin, Phitatlolphla, I7H8, M^; Newark, IM!. W-fl: 
TrentoD. I80S, 8&«, with Apjieiidlx. Sll-3Mi. tTI)o AppeDdix was llrel publlihed at 
Phlladolphla. In IWO. and lo aeparate fonrn.— BfograpH/oa/ Sicrtch of the Lift of 
tk<e lat^ Captuhi Michael Ci-trwip, by John J. JACuh. (HinihMrhiiiil, Md.. IRSft, re- 
printe<l. CIncltiuatl. IWW. The tM*st account or Logan and hhi ullr^d i(pei?oh in 
Brant* Mnyor's diBCourae, " Tah-^nh-jut«, or Lo^aD, and Captain Michael Crc«ap." 
dflUvered before the Maryland Historical Society. Hay, 1K>1, wherein he traoea 
the "evolution" of the Logan Bpe4.'ch. The inaasaore In qutiSUotit which waa as- 




496 AUUIN1STRA.T10N OP GOVEUMOR FRANKLIN. [1774 

and the stocks of course are falling. The Au^jfiist 
[>acket is hourly expected, when I jjoix) to liear of 
your safe return and health. 

Your affectionate father, 

B. FKA>'ItHX. 



Letter from the Earl of Dartmouth to Oov, Franklin^ 
exprvssiufj the King- s atuvietf/ concern ing the Con- 
gresif in Philadelphia, 

rFrom P. a. o, Ainorioa and Wetit IiidlM. Vol. 177 (lWi,t 

WiOTEUALL 7*" Sept' 1774, 
Governor Fraulclin. 

Sir, 

I have received & laid before the King your dis- 
patches of the 13*." & 2!S*." June numbered 13. & 14. 

The Acts & Proceedings of the Legislatuiv, with 
yonr Observations Upon them, will be hiid Ix^foro the 
Boai-d of Trade so soon as that Board meets after the 
usual Recess; And it will be my duty to t;ike Care 
that all jxissible dispatch is given to the Considt-ration 
of them at that Boai*d. 

I ninst not omit this Opportunity of ex]>ivssiug to 
you how great Conccm it has given the King to Hnd 



crfHed at Uie ttme to " CVMiop." arouied the Six Nations, who haaUiied u> oobmUi 
thrlr old rrtend, B)r William Jolin«an. at JohitMn Hnll, New York, ahotit 000 mamm- 
bUnic bi*fcM*(;«n June IB and July R. It bt quite pmliahlf tlut Sir WlllUun iuvil/<«l 
Oovemor Ftuikllu to attfud this conrHiYDct?. iu view of hU poimlaiicy wlib th4^ Jn- 
dtaiw at Uie Convenlion of I70S. rBe* aiifp, fl(l-^.) Moreover, the nxilaliou on tlic 
fnmUcr wa» larttt^ly cbumc*i1 by the aiotrvwiou uf tUe Ohio Company of Vlrifliila 
(see Jacol)'iiCn*sapi. whow aimK wen* twruewhat autaf^mistlr to i)i4>«i*<>r i\w Ohk* 
Company in which Sir William Johnson an^l Gorernor Franldin wtfrv (-oiieDruvil, 
and thin was another reaaon why thcat* m«n should confer The oont^nnK^ with 
lh<> ImllnnK nxtHrided throutcli July 0- 10, 11 and 1:?, uu whirli la.Ht mtiotlouetl day Kir 
William, ain'ttdy feeble In Iwdy. and irr»«aUy ojtprvsscd with ihe lmi>ort«ncp of tb^ 
npRoilaUonft lie waa i'onductlii^'. d))il <«u<ldcaly- He wa« burled tlie oeiat day at 
Johii'down. New York. " Tiw Tall waa supiKJited by Ufa E3rceU"» U*e Oovemor of 
Sow Jerwy Uie Judp-a of the Svipn^me C-ourt of New Vork. and other PeraaoM of 
nnte whti bappeuMl to be »t Jubuxtowu at that time."— ilf. Y. Col. Doe*.. Vni^ 
47i-eo.-iw. NO 



1774] ADMINI8TBATI0N OF OOVERNOB FBANKUS. 497 

that His Subjects in the different Colonies in North 
America have been induced, upon the grounds stated 
in their diffei-ent Resolutions, to nominate Deputies to 
meet in general Congress at Philadelphia. 

If the Object of tliis Congress be humbly to repre- 
sent to the King any Inconveniences they conceive 
themselves to lie under, or any Propositions they may 
have to make on the present State of Amenca, such 
Representations would certainly have come from each 
Colony, with greater Weight in its Separate Capacity* 
than in a Channel, of the Propriety & I>.?gality of 
which there may be much doubt. I fear however the 
Measure has gone too far U^ encoumge any hope that 
it has been retracted, & I can only express my Wish 
that the result of their Proceedings may be such as 
not to cut off all Hope of that Union with the Mother 
Comitry which is so essential to the Ilappinass of both. 

I am &c? 

Dartmouth. 



Circular letter from the Earl of Dartmouth to all the 
Oovernors in America, relative to arreiitin\f and 
sticnriny any (jtinjiowder^ amis or awwuititiou 
which miifht Ite imjforledfrom England to the Col- 
onies tvifhont lictuse. 

[From New Torfc CotonlAl DocuinraUt, Vol. Vm. p. flOI.] 

Whitehau. l^"* October 1774. 
(Circulcir) 

His Majesty having thought fit, by His Order iu 
Council this Day, to prohibit the Exportation from 
Gi-eat Britain of Gunjiowder, or any sort of Arms or 
Ammunition, 1 herewith inclose to you a Copy of the 
Order, and it is His Majesty's Command that you tjike 
the most effectuiU measures for aii-esting, detaining 
33 



408 ADMINISTKATION OK OOVBRNOK KRAKKUK. [l?74 

and securing any Gunpowder, or any sort of arms or 
ammunition, which may be attempted to be iraportefl 
into the Province under your Government, unless the 
Master of the Ship having such Military Stt>re8 on 
Board shall produce a Licence from His Majesty, or 
the Privy CouncU, for the exportation of the same 
from some of the Ports of this Kingdom. 

I am Ac* 

Dartmouth, 



Leller front Committee of Corresj)ondence at Boston to 
the Committee of Monmouth County, 

[From New Jersey BiBtoriL>aJ Socleljr MnnuacripU.] 

BosTOK, October iJlfiU 1^74. 
Geiitlemf*n, 

You Will he Informed by Our Committee for Dona- 
tions of the Receipt of Your generous present to the Suf • 
ferere in this town by the Operation of the Cruel and 
Detested Port bill. Such Chanties not only Sei-ve to 
Shew the Union and tender Sympathy of the Colonies 
with and for Each other, but will fix an Everlasting 
brand of infamy ui»ou a Ministry wliose Conduct with 
Respect to this devoted town lias made Such Large 
and Extensive Charities so absolutely necessary. We 
are Extremely Obliged to you for the favorable Senti- 
ments Respecting the Behavior of the Inhabitants of 
Boston in their endeavours to W3i*d off that Slaver>' 
and ruin which the Venal Ministry of a Venal Nation 
have long meditateil for these once happy Colonies.' 
As for this we arc now more Immediately Suffenng 
under the heavy Rod of power and have Reason to 
Expect an increase of punishment, may our future 
Conduct bo such as will no ways deragate from our 



1774] ADi£lXldTttATIOK OF OOV£RN*Olt FBAl^KUK. 



499 



Character as men and as ('hristians. Happy as we 
are that Our Opposition to the lato Edicts of a british 
parliament has not only been approved by the Sevei*al 
towns and provinces, but by the Continental Cougivss 
who Consider our Sufferings as the Common Cause of 
Anieiica, thei'e are yt't S<.)ino in Every Colony who 
may pertinently Compai-e to Moles both as to Sight 
and Diiiy (jrrovdling. Of such a Cast is a Writer in 
Rivington's Grazetteer, who, in order to deny the Char- 
ities for our i>oor, Asserted, with more lx)ldness than 
truth, that this towu had voted to Expend the Collec- 
tions in paving Our Streets. The Inclosed account of 
that Committee's pinidence will show you how these 
Charities ai-e applied: and as to the necessity of their 
Continuance you may Judge wlien I assure you that 
without exaggeration and the least Design to Lessen 
Our Obhgatious to Our worthy and Greuerous Donors, 
that this town Suffers in One Month a Greater Loss 
than the whole of those Brotherly Donations have 
amounted to. The particular State of the town and 
the Late accounts from England with Respect to the 
present Measures You'll find in the Newspaper here- 
with under the Boston liead. I intendefi to have l>een 
more ])articular, but am this Moment Calleti to attend 
the pi-ovincial Congress at Cambridge. Oui- best Re- 
spects to Our worthy and patriotic Bitithren of the 
County of Monmouth. 

I am, Grentlemen, 

your Most Humble Serv*t, 
William Coopek, 



500 



ADMINISTRATION OF GOVERNOR FRANKUN. 



[3774 



Letter from Oovemor Franklin to the Earl of Dart- 
month, transvilitiny a pamphlet published hy Itie 
Congress at Philadelphia. 

[Frgm P. B. O. AmeriCA and Wnt IndiM. VoL IW.] 

New York Oct^ 2i»»" 1774. 
Right Hon**?" the Earl of Dartmouth 

Mtf Lord. 

Having Occasion to come to this Place on some pri- 
vate Business, I have just met with a Pamphlet pub- 
lished by the Congress at Philadelphia, containing 
their Resolutions, &c. whi^:h, as thei*e is a Vessel to 
sail in a few Minutes for England, I have procured in 
order to forvvanl to your Lordship, that you may have 
as early intelhgence as possible of their Proceedings. 
It is the only one that has as yet got to this City, and 
is pj*obably the only one that will get hei-e in Time to 
go by this Oppoitvmity. I have not had leisure to i^id it 
through, but from what I have heard of its Contents, 
and of the Sentiments of People in Ti-ade hovQ, I much 
doubt its being generally a|)proved by the Inhabitiinls 
of this Colony, even if it should l)e by those of the 
other Provinces. It is said that thei-e will be a further 
Pubhcatiou by the Congress this Week, containing a 
Letter to the Inhabitants of Canada, &c. 

I have not Time to add finther than that I am, with 
the greatest Res|)ect & liegaid. 

My Lord, Your Lordship's most obedient 

& most humbl*' Servant 
Wf Frankmn 



1774] ADMINISTHATIOK OB OOVB&XOR SHAHKUIX. 



501 



Leiierfrom fhe Earl of Dartmouth to Oov. Franklin^ 
approving his conduct in transmittiii<j ]Xi2)ers. 

[From p. R. O. .Vinorlrtt and West ladled, Vol. 177 [19B».] 

Whitehall 2'| Novr 1774 
Gfovemor Franklin, 

Sir 

Your Attention in transmitting to me the papers 
which accompanied your dispatch of t.ho C"" of Septem- 
ber N*? 15 is approved by the King, 

In the pi'esent State of North America eveiy Infor- 
mation must be useful; it is the duty of persons in 
your Station to communicate without Reserve such 
Intelligence as can be procured of every public Tian- 
saction, and you may with Confidence rely upon any 
Intelligence of the Natui-e of that you have sent me 
being kept most Secret^and communicated only to 
the King's Confidential Servants. 

I am Sic* 

Dartmouth 



Jifij)ort of fht' Sunvyors of the Boundary Live hetwe^l 
New York and New Jersey. 

[From N. T. OoL M88., lii aecivtary of State's Offle«, Altjwijr, V<4. CI., p. 8Q.J 

In puiijuance of an Act of Assembly of the Colony 
of New York entitled **an Act for establishing tlie 
*' Boundary or Partition Line between the Colonies of 
** New York & Nova Caaaria or New Jersey & for 
** Confirming Titles & Possessions." And of one other 
Act of Assembly of the Colony of New Jersey entitle<J 
** An Act for Establishing the Boundaiy or Partition 
** Line between the said Colonies of New York and 
*' Nova Casaria or New Jei'sey & for Confirming the 
*' Titles and Possessions."